DeAndre K. Davis v. Garret Leposky and Brian Evinger

Summary

The United States District Court for the Southern District of Illinois dismissed DeAndre K. Davis’s action with prejudice under Federal Rule of Civil Procedure 41(b) because he failed to respond to a motion for summary judgment and subsequent show-cause order. The court closed the case and explained the deadlines and procedures for seeking reconsideration under Rule 59(e) or appealing to the Seventh Circuit.

Holdings

1. Dismissal with prejudice under Federal Rule of Civil Procedure 41(b) was warranted because Plaintiff failed to respond to the summary-judgment motion and failed to comply with two court orders after receiving a warning that noncompliance could result in dismissal.
2. The court advised Plaintiff that he could seek reconsideration under Rule 59(e) or appeal to the Seventh Circuit, subject to the applicable filing deadlines and requirements.

Questions Presented

1. Whether the action should be dismissed with prejudice for Plaintiff's failure to prosecute and failure to comply with court orders.
2. Whether Plaintiff was entitled to notice of the available procedures for seeking reconsideration or appellate review of the judgment.

Disposition

dismissed