Isaiah Hunter-Bey v. Allen Miller, et al.

Summary

This Report and Recommendation addresses a pro se plaintiff’s federal and state claims against a landlord and property manager. The magistrate judge recommends dismissal with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with orders requiring attendance at a case-management conference and show-cause hearing. The recommendation relies on the Sixth Circuit’s factors governing dismissal for failure to prosecute, including willfulness, prejudice, warnings, and consideration of lesser sanctions.

Holdings

1. A district court may sua sponte dismiss an action with prejudice under Rule 41(b) when the plaintiff willfully or contumaciously fails to prosecute the action or comply with court orders, and dismissal is supported here by the plaintiff's repeated failures to attend required proceedings after multiple warnings.
2. Dismissal with prejudice is an appropriate sanction under Rule 16(f)(1)(C) when a plaintiff fails to obey orders requiring attendance at pretrial proceedings after receiving extensions, accommodations, and clear notice of the obligation.

Questions Presented

1. Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders.
2. Whether dismissal is appropriate under Federal Rule of Civil Procedure 16(f)(1)(C) because the plaintiff failed to obey pretrial orders requiring attendance at a case-management conference and show-cause hearing.
3. Whether the court's consideration of remote proceedings, scheduling accommodations, waiver of the Rule 26(f) meet-and-confer requirement, and case-by-case accommodation requests satisfied the obligation to consider less severe sanctions before recommending dismissal.

Disposition

other