Burks v. The City of Yonkers

Background

The court had previously ordered Burks to explain why the action should not be dismissed with prejudice for failing to prosecute the case. The Clerk's Office mailed that order, but the mailing was returned as “Attempted Not Known.” The case was later reassigned to Judge Halpern.

Judge Halpern then ordered Burks to notify the court of any change of address and warned that failing to respond could result in dismissal. Burks did not respond. The defendants notified the court of an apparent address for Burks at Clinton Correctional Facility, but the opinion states that Burks had not updated the address listed in the court's electronic filing system. The opinion also states that Burks had taken no steps to advance the case for more than a year.

Order

Under Federal Rule of Civil Procedure 41(b), a district judge may dismiss a case for failure to prosecute. The court stated that Burks's failure to prosecute had interfered with the court's ability to manage and resolve cases efficiently.

The court did not dismiss the case in this order. Instead, it ordered Burks to show cause in writing by August 31, 2020, why the action should not be dismissed with prejudice for failure to prosecute. The court stated that failure to comply with this order would result in dismissal of the case. The Clerk of Court was directed to mail the order to both the address listed in the court's records and the address supplied by the defendants.

Effect of the Order

Burks was given one final opportunity to respond. The opinion does not state whether he later responded or whether the case was ultimately dismissed.