Antwan L. Richardson v. Jon Altemus et al.

Summary

The United States District Court for the Western District of Pennsylvania overruled Plaintiff Antwan L. Richardson’s objections and adopted the Magistrate Judge’s Report and Recommendation. The court dismissed the action under Federal Rule of Civil Procedure 41(b) for failure to prosecute because Richardson did not provide service copies of the complaint and exhibits despite extensions of time, and directed the Clerk to close the case.

Holdings

1. The court may dismiss the civil action under Federal Rule of Civil Procedure 41(b) for failure to prosecute where Plaintiff failed to provide service copies despite additional time and the relevant Poulis factors supported dismissal.
2. The court's obligation under Federal Rule of Civil Procedure 1 to secure the just, speedy, and inexpensive determination of actions supports dismissal when a plaintiff's prolonged failure to facilitate service prevents the court from moving the case forward and protects the rights of all parties.

Questions Presented

1. Whether the district court should dismiss the action under Federal Rule of Civil Procedure 41(b) for Plaintiff's failure to prosecute after he failed to provide service copies despite extensions of time.
2. Whether the magistrate judge properly applied the Poulis factors in recommending dismissal for failure to prosecute.

Disposition

dismissed