Anthony Charles Knapp v. Barbara O’Guin

Summary

A magistrate judge recommends dismissal without prejudice of Anthony Charles Knapp’s 42 U.S.C. § 1983 action against Barbara O’Guin for failure to respond to a motion for summary judgment and comply with court orders. The recommendation relies on Federal Rule of Civil Procedure 41(b), Local Rule 5.5(c)(2), and the plaintiff’s failure to prosecute.

Holdings

1. The magistrate judge recommended that Plaintiff's amended complaint be dismissed without prejudice because Plaintiff failed to respond to Defendant's motion for summary judgment and failed to comply with the Court's orders.
2. Dismissal with prejudice was not warranted; the recommended dismissal was without prejudice.

Questions Presented

1. Whether the plaintiff's failure to respond to a motion for summary judgment and comply with court orders warranted dismissal under Federal Rule of Civil Procedure 41(b).
2. Whether the circumstances warranted dismissal with prejudice or without prejudice.

Disposition

remanded