Jamie Dershem v. Prime Care, et al.

Summary

The United States District Court for the Middle District of Pennsylvania dismisses Jamie Dershem’s 42 U.S.C. § 1983 action after she failed to file an amended complaint or request an extension by the court-ordered deadline. Applying the Poulis factors, the court concludes that dismissal is warranted and directs the Clerk to close the case.

Holdings

1. A plaintiff's failure to file an amended complaint in accordance with a court order, leaving no operative pleading, supports dismissal of the action.
2. Dismissal was warranted because the balance of the six Poulis factors weighed heavily in favor of dismissal.

Questions Presented

1. Whether the action should be dismissed because plaintiff failed to file an amended complaint as ordered.
2. Whether the balance of the Poulis factors supported dismissal for failure to prosecute and failure to comply with a court order.

Disposition

dismissed