Summary
The United States District Court for the Southern District of Illinois dismissed Juan Alvarado-Gonzalez’s prisoner civil rights action with prejudice for failure to prosecute and failure to comply with an order requiring him to provide a current address. The court directed the Clerk to close the case and provided information regarding the deadline and requirements for appealing the dismissal.
Topics
Practice areas
Questions Presented
- 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 an order of the court.
Holdings
- A district court may dismiss an action with prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to prosecute the action and fails to comply with a court order, particularly after receiving notice that noncompliance would result in dismissal.
Factual background
Juan Alvarado-Gonzalez filed this action while in the custody of the Illinois Department of Corrections at Big Muddy River Correctional Center. The court received no communication from him after filing, and Illinois Department of Corrections records showed that he had been released on parole as of March 2, 2026. Despite an order requiring him to provide his current address by May 18, 2026 and warning that noncompliance would result in dismissal with prejudice, he failed to respond or update his address.
Procedural history
Plaintiff filed the action on May 23, 2024 while incarcerated at Big Muddy River Correctional Center. After learning that plaintiff had been released on parole, the court ordered him to provide written notice of his current address by May 18, 2026 and warned that failure to comply would result in dismissal with prejudice. Plaintiff did not respond, and the court dismissed the case, directed the Clerk to close it, and ordered judgment entered.