Jeffrey E. Herrera v. Agents of Pennsylvania Board of Probation and Parole, et al.

Summary

The United States District Court for the Middle District of Pennsylvania dismissed Jeffrey E. Herrera’s § 1983 action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The court concluded that Herrera failed to update his address or comply with an order concerning equitable tolling, and that the Poulis factors supported dismissal.

Holdings

1. A district court may dismiss an action for failure to prosecute or comply with court orders when, after balancing the Poulis factors, the factors weigh in favor of dismissal; not every Poulis factor must be satisfied.
2. The action is dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b), subject to automatic reopening if Herrera updates his address within thirty days of the decision.

Questions Presented

1. Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for Herrera's failure to prosecute and comply with court orders.
2. Whether the Poulis factors supported dismissal when Herrera failed to update his address, failed to submit the required brief, and had not presented equitable tolling arguments.

Disposition

dismissed