Brian Washington v. St. Tammany Parish Jail, et al.

Summary

A magistrate judge recommends dismissing Brian Washington’s 42 U.S.C. § 1983 complaint without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The recommendation states that Washington failed to provide a current address or respond to a show-cause order after mail was returned as undeliverable.

Holdings

1. Federal Rule of Civil Procedure 41(b) authorizes a court, in its discretion, to dismiss a claim for failure to prosecute or failure to comply with the Federal Rules of Civil Procedure or a court order, and such a dismissal ordinarily operates as an adjudication on the merits.
2. Washington's failure to provide a current address, respond to the show-cause order, or otherwise prosecute the action warranted dismissal without prejudice under Rule 41(b).

Questions Presented

1. Whether the complaint should be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the court's show-cause order.
2. Whether a pro se litigant's failure to notify the court of an address change may support dismissal for failure to prosecute.

Disposition

dismissed