Summary
The United States District Court for the Western District of Pennsylvania dismissed Davis Iglesias’s pro se civil rights action against Ms. Kois with prejudice for failure to prosecute. Applying Federal Rule of Civil Procedure 41(b) and the six Poulis factors, the court found that Iglesias failed to respond to summary judgment, update his address after release from incarceration, or otherwise communicate with the court.
Holdings
- A district court may sua sponte dismiss an action under Federal Rule of Civil Procedure 41(b) when a litigant fails to prosecute the action or comply with a court order.
- Dismissal with prejudice was warranted because at least five of the six Poulis factors favored dismissal.
Questions Presented
- Whether the court could dismiss the action sua sponte under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders.
- Whether the six Poulis factors supported dismissal with prejudice despite the policy favoring decisions on the merits.
Disposition
dismissed
Cases Cited (9)
- Adams v. Trustees of the New Jersey Brewery Employees' Pension Trust Fund, 29 F.3d 863, 871 (3d Cir. 1994)(followed)
- Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863, 868-70 (3d Cir. 1984)(followed)
- Mindek v. Rigatti, 964 F.2d 1369, 1373 (3d Cir. 1992)(followed)
- Briscoe v. Klaus, 538 F.3d 252, 258-59, 263 (3d Cir. 2008)(followed)
- Hicks v. Feeney, 850 F.2d 152, 156 (3d Cir. 1988)(followed)
- Anthony Hildebrand v. County of Allegheny, Hildebrand v. Allegheny County, 923 F.3d 128, 132 (3d Cir. 2019)(followed)
- Mack v. United States, 2019 WL 1302626, at *1-*2 (M.D. Pa. Mar. 21, 2019)(followed)
- Scarborough v. Eubanks, 747 F.2d 871, 876 (3d Cir. 1984)(followed)
- Bowie v. Perry, No. 1:19-cv-13, 2019 WL 2412488, at *2 (W.D. Pa. May 13, 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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