Ronnie R. Martin v. Officer Xiong, Officer Alba, Officer Beres, Doe Defendants, City of Milwaukee, City of St. Francis, ABC Insurance Company 1, and ABC Insurance Company 2

Summary

The United States District Court for the Eastern District of Wisconsin dismissed Ronnie R. Martin’s civil-rights case without prejudice for failure to prosecute and failure to cooperate in discovery. The court granted the Milwaukee Defendants’ motion under Federal Rule of Civil Procedure 41(b) and Civil Local Rule 41(c), and directed the Clerk to enter judgment.

Holdings

1. A district court may dismiss an action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and Civil Local Rule 41(c), including where the plaintiff has failed to maintain communication with the court and participate in the litigation.
2. A court may dismiss an action as a sanction when a plaintiff fails to cooperate in discovery.

Questions Presented

1. Whether the court could dismiss the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and Civil Local Rule 41(c).
2. Whether the plaintiff's failure to cooperate in discovery independently supported dismissal as a sanction.

Disposition

dismissed