Perez v. Samaloson

Summary

The United States District Court for the Eastern District of California dismissed Salvador Perez’s 28 U.S.C. § 2241 habeas petition without prejudice for failure to prosecute. The court found that petitioner’s failure to respond to the motion to dismiss or a subsequent court order warranted dismissal under Federal Rule of Civil Procedure 41(b).

Holdings

1. Dismissal without prejudice was warranted because petitioner failed to participate in the litigation, failed to respond to the motion to dismiss, and failed to comply with the court's order directing a response after receiving a warning of dismissal.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) after petitioner failed to respond to a motion to dismiss and failed to comply with a court order.

Disposition

dismissed