David Thomas Lumpkin Jr. v. Core Civic Northeast Ohio Correctional Center, et al.

Summary

The magistrate judge recommends dismissing without prejudice three defendants added in David Thomas Lumpkin Jr.’s amended prisoner civil rights complaint because the plaintiff failed to provide summonses for service despite court orders and a warning that noncompliance could result in dismissal. Applying the Sixth Circuit’s failure-to-prosecute factors, the Report and Recommendation finds fault, warning, and lack of less drastic sanctions weigh in favor of dismissal, while addressing potential prejudice to the existing defendant.

Holdings

1. Dismissal without prejudice of the Warden, Cindy Wetzel, and Ciara Murphy was warranted because Plaintiff repeatedly failed to provide summonses despite court orders, an extended deadline, and a specific warning that noncompliance could result in dismissal.

Questions Presented

1. Whether the three defendants added in Plaintiff's amended complaint should be dismissed without prejudice because Plaintiff failed to provide summonses as ordered.
2. Whether the factors governing dismissal for failure to prosecute and failure to comply with court orders supported dismissal despite the absence of demonstrated prejudice to the existing defendant.

Disposition

other