Baez v. Malin

Background

On March 27, 2020, the court granted in part and denied in part the defendants’ motion to dismiss. The court severed and transferred certain claims to the Northern District of New York and gave Candido Baez 30 days to file a second amended complaint against certain defendants he intended to sue in their official and individual capacities.

Baez did not file a second amended complaint within the deadline. The court then ordered him to explain by July 13, 2020 why the case should not be dismissed for failure to prosecute, meaning failure to pursue the case. The court had previously told Baez that he needed to promptly report any address change and that failing to do so could lead to dismissal.

Defense counsel learned that Baez was no longer in the custody of the New York State Department of Corrections and Community Supervision, had been transferred to Immigration and Customs Enforcement custody, and had later been removed from the United States to the Dominican Republic. The court’s order was returned as undeliverable, and Baez did not respond or otherwise communicate with the court. The opinion states that his last communication with the court was on April 22, 2019.

Legal Standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when a plaintiff fails to prosecute or comply with court rules or a court order. The court explained that a district court has authority to order this dismissal even when the defendants have not requested it. Because dismissal for failure to prosecute is a harsh remedy, the court considered the duration of Baez’s failures, whether he had notice that further delay could lead to dismissal, possible prejudice to the defendants, the need to manage the court’s calendar while protecting Baez’s opportunity to be heard, and whether lesser sanctions would be effective.

Ruling

The court concluded that these factors favored dismissal. Baez had not provided an updated address, did not respond to the order to show cause, and had not otherwise communicated with the court. The court therefore dismissed the action without prejudice for failure to prosecute.

The court also directed defense counsel to mail a copy of the order to Baez’s last known address at Greene Correctional Facility and certify the mailing on the docket by June 29, 2020.