Mark A. Jones v. Senogor, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Mark A. Jones’s 42 U.S.C. § 1983 action without prejudice for failure to prosecute. The recommendation follows Jones’s failure to appear at a hearing concerning former counsel’s motion to withdraw and failure to respond to an order to show cause.

Holdings

1. Because the action could not move forward without plaintiff's participation and the applicable five factors weighed in favor of dismissal, dismissal without prejudice under Federal Rule of Civil Procedure 41(b) was recommended.

Questions Presented

1. Whether plaintiff's repeated failure to appear, communicate with the court, and respond to the order to show cause warranted dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

remanded