Deshawn Wright v. K Goldey et al.

Summary

The magistrate judge recommends dismissing without prejudice a pro se prisoner's civil complaint alleging excessive force. The recommendation concludes that the plaintiff failed to comply with an order requiring amendment of the complaint to clarify exhaustion of administrative remedies under the Federal Tort Claims Act. Objections may be filed within 14 days of service.

Holdings

1. The magistrate judge recommended that the complaint be dismissed without prejudice because Wright failed to comply with the court's order to amend and did not request additional time.
2. The complaint did not establish whether Wright had first presented his tort claim to the appropriate federal agency or whether the claim had been finally denied; the court therefore required amendment to clarify the issue.

Questions Presented

1. Whether the complaint should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Wright failed to comply with the order requiring him to amend the complaint.
2. Whether Wright adequately demonstrated satisfaction of the Federal Tort Claims Act's administrative presentment requirement under 28 U.S.C. § 2675(a).

Disposition

other