McPhearson v. New York State Department of Correction and Community Supervision

Background

Wilfred McPhearson, proceeding without a lawyer, filed the action on March 28, 2017. He asserted claims under 42 U.S.C. § 1983 against multiple defendants.

On March 10, 2020, the court issued an order requiring McPhearson to explain by March 27, 2020, why the action should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). The opinion states that McPhearson did not respond. The docket also showed that he had taken little action since the case began and had not communicated with the court since November 2018.

Court’s analysis

For a dismissal under Rule 41(b), the court considered factors including the length of the plaintiff’s delay, whether the plaintiff received notice that further delay could lead to dismissal, possible prejudice to the defendants, the court’s need to manage its calendar while preserving the plaintiff’s opportunity to be heard, and whether lesser sanctions would be effective. The court stated that no single factor was determinative.

The court found that McPhearson’s delays were significant and that he had not responded to the order to show cause, despite the passage of more than seven months. It determined that dismissal was warranted.

Disposition

Judge Nelson S. Roman ordered that the action be dismissed without prejudice for failure to prosecute. The clerk was directed to terminate the action, serve the order on McPhearson at his last known residence, and show proof of service on the docket.