Bey v. John Doe
- Paul Engelmayer
- 1:19-cv-02248
- U.S. District Court · Southern District of New York
- 2
In Bey v. John Doe, Judge Engelmayer dismissed the case without prejudice because Bey failed to prosecute.
AHAI AMARIS NAMI BEY’s case was dismissed without prejudice, and the clerk was directed to close the case. The ruling did not decide the underlying claims against John Doe NYPD officers or the other defendants.
What happened
In Bey v. John Doe, AHAI AMARIS NAMI BEY sued John Doe NYPD officers and others. The court had ordered Bey to file an amended complaint, but she did not do so or update the court about changes to her address.
The court later ordered Bey to explain why the case should not be dismissed for failure to prosecute. The order warned that the case would be dismissed without prejudice if she did not provide a written explanation by October 26, 2020. The court received no communication from her.
Judge Paul A. Engelmayer dismissed the case without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The clerk was directed to close the case.
The detailed version
- Bey v. John Doe · No. 1:19-cv-02248
- Paul Engelmayer
- Oct. 27, 2020
Background
AHAI AMARIS NAMI BEY filed the complaint on March 11, 2019. On November 4, 2019, the court ordered her to file an amended complaint by December 4, 2019. She did not meet that deadline.
On December 12, 2019, the defendants moved to dismiss under Federal Rule of Civil Procedure 41(b) for failure to prosecute, based on Bey’s failure to comply with the order requiring an amended complaint. On December 13, 2019, the court denied that motion as moot and without prejudice to renew because the docket did not clearly show whether Bey had received the earlier order. The court then ordered Bey to file an amended complaint by January 31, 2020.
Failure to Prosecute
Bey did not respond to the order to file an amended complaint, did not update the court about changes to her address, and did not otherwise make progress in the case. On October 9, 2020, the court ordered her to show good cause—an adequate reason—why the case should not be dismissed for failure to prosecute. The order stated that the case would be dismissed without prejudice if the court did not receive a written communication from her by October 26, 2020. The court received no such communication.
Ruling
Under Rule 41(b) and the court’s inherent authority to manage its cases, Judge Paul A. Engelmayer dismissed the case, without prejudice, because Bey failed to prosecute. The clerk was directed to close the case. The opinion does not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.