Summary
The United States District Court for the Western District of Pennsylvania adopted a magistrate judge’s Report and Recommendation recommending dismissal for failure to prosecute. The court granted the defendants’ motions and dismissed all claims against them with prejudice under the Poulis factors.
Topics
Practice areas
Questions Presented
- Whether the action should be dismissed with prejudice for the plaintiff's failure to prosecute under the six-factor Poulis test.
Holdings
- The action must be dismissed with prejudice because the plaintiff failed to prosecute it for more than two years, and the Poulis factors supported dismissal.
Key quotations
“In Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (d Cir. 1984), the United States Court of Appeals for the Third Circuit set forth a six-factor balancing test to guide a district court in determining whether a case should be dismissed for failure to prosecute.”
Factual background
Gregory Lindell Burns was an inmate in the custody of the Pennsylvania Department of Corrections when he filed the action. After filing a change of address on December 7, 2023, Burns took no further action for more than two years. The defendants moved to dismiss for failure to prosecute.
Procedural history
Plaintiff filed the civil-rights action while incarcerated and later filed a change of address on December 7, 2023. He took no action in the case for more than two years. Defendants moved to dismiss for lack of prosecution, and Magistrate Judge Christopher B. Brown recommended dismissal with prejudice after applying the Poulis factors. No objections were filed, and the district court adopted the Report and Recommendation.