Donkor v. United States Postal Service

Background

The defendants, the United States Postal Service and the United States of America, moved to dismiss PAA-WILLIE DONKOR’s complaint under Rule 12(b) of the Federal Rules of Civil Procedure. PAA-WILLIE DONKOR did not oppose the motion.

On February 3, 2025, the court ordered PAA-WILLIE DONKOR to show cause—meaning explain why the defendants’ motion should not be treated as unopposed—by February 20, 2025. After no response, the court extended the deadline to March 28, 2025 and warned that failing to respond could result in the motion being granted as unopposed or the case being dismissed for abandonment or failure to prosecute under Rule 41. PAA-WILLIE DONKOR did not file an opposition.

Ruling

The court granted the defendants’ motion and dismissed the case for failure to prosecute under Rule 41. The court also dismissed the case substantially for the reasons stated in the defendants’ memorandum of law.

The court separately considered whether to allow PAA-WILLIE DONKOR to amend the complaint. Although courts generally should give a self-represented plaintiff at least one opportunity to amend when the complaint might state a valid claim, the court declined to grant leave to amend on its own initiative. It concluded that the problem with the claim was substantive and that better pleading would not cure it.

Judge Jennifer H. Rearden directed the Clerk of Court to close the case and mail a copy of the order to PAA-WILLIE DONKOR.