Jackson v. Doe
- Andrew Carter
- 1:18-cv-09274
- U.S. District Court · Southern District of New York
- 1
In Jackson v. Doe, Judge Carter dismissed the case without prejudice after Jackson failed to respond to an order to show cause about prosecuting it.
Kennin D. Jackson’s action against Jane Doe and the other defendants was dismissed without prejudice.
What happened
In Jackson v. Doe, Kennin D. Jackson sued Jane Doe and other defendants in the Southern District of New York.
On July 6, 2020, the court ordered Jackson to explain by July 24 why the case should not be dismissed because he had failed to prosecute it. Jackson did not make the required showing.
Judge Andrew L. Carter, Jr. dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
The detailed version
- Jackson v. Doe · No. 1:18-cv-09274
- Andrew Carter
- Aug. 19, 2020
Background
The court had ordered Jackson on July 6, 2020, to show why the action should not be dismissed without prejudice for failure to prosecute. The deadline for making that showing was July 24, 2020. The opinion states that Jackson did not make the required showing.
Ruling
The court dismissed the case without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). Failure to prosecute means failing to move a case forward. The court cited precedent recognizing that Rule 41(b) gives a district court authority to dismiss a plaintiff’s case for this reason.
Effect
The order dismissed Jackson’s action against Jane Doe and the other defendants without prejudice. The opinion does not describe the underlying claims or explain why Jackson failed to prosecute the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.