Belinda J. Rossetti v. Joshua D. Shapiro, et al.

Summary

The United States District Court for the Middle District of Pennsylvania dismisses Belinda J. Rossetti’s pro se civil rights action with prejudice. The court concludes that Rossetti failed to file an amended complaint limited to a potential selective-enforcement claim under the Equal Protection Clause, despite being given leave and a deadline to do so. Applying the Poulis factors, the court determines that dismissal under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority is appropriate.

Holdings

1. A district court may dismiss an action under Federal Rule of Civil Procedure 41(b) and its inherent authority when a plaintiff fails to prosecute the case or comply with court orders.
2. Dismissal with prejudice was warranted after balancing the Poulis factors because plaintiff was personally responsible for the failure to amend, her conduct was dilatory and willful, monetary sanctions were ineffective, and the original complaint lacked sufficient merit, notwithstanding limited prejudice to defendants.

Questions Presented

1. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) and the court's inherent authority because plaintiff failed to comply with the order requiring an amended complaint.
2. Whether the Poulis factors supported dismissal with prejudice.

Disposition

dismissed