Ellis v. The State of New York

Background

Anthony Mark Ellis brought claims under 42 U.S.C. § 1983, a federal civil-rights statute, alleging that several defendants used excessive force in violation of the Eighth Amendment. On April 23, 2020, the court entered judgment for all defendants except Correctional Officer James Sonko and Sergeant Keith Montgomery.

Copies of the court’s opinion, judgment, and later orders sent to Ellis’s last known address were returned as undeliverable. The court had previously told Ellis that he had to promptly notify the court in writing of any address change and that failing to do so could result in dismissal. The court issued an order directing Ellis to explain within 30 days why his remaining claims should not be dismissed for failure to prosecute. Ellis did not respond or otherwise communicate with the court.

Legal standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss a case when a plaintiff fails to prosecute the case or comply with court rules or orders. The court explained that it also has authority to dismiss for failure to prosecute without a defendant first requesting dismissal. Because dismissal is a severe remedy, the court considered the duration of Ellis’s failures, the notice he received, possible prejudice from further delay, the balance between court efficiency and Ellis’s opportunity to be heard, and whether lesser sanctions would work.

Ruling

The court concluded that these factors favored dismissal. Ellis had not provided a new address despite repeated warnings, did not respond to the order to show cause, and had not otherwise contacted the court. Judge Kenneth M. Karas dismissed the action, including Ellis’s remaining claims, without prejudice for failure to prosecute.

The Clerk of Court was directed to mail a copy of the order to Ellis’s last known address and close the case.