Adams v. Annucci

Background

On March 27, 2020, the court granted in part and denied in part the defendants’ motion to dismiss. The court said that Adams could file a third amended complaint alleging additional facts about his Eighth and Fourteenth Amendment claims within 30 days. After several extensions, Adams filed a motion asking the court to reconsider its earlier decision. The court denied that motion on January 29, 2021.

On February 4, 2021, the defendants asked the court to lift the stay on deadlines for Adams to file a third amended complaint. The court granted that request, lifted the stay, and directed Adams to file the complaint by March 16, 2021. Adams did not file a third amended complaint and did not otherwise communicate with the court.

Ruling

The court explained that a district court may dismiss claims with prejudice for failure to prosecute, meaning failure to move a case forward. The court concluded that dismissal was warranted because Adams had been given nearly a year to address the deficiencies in his Eighth and Fourteenth Amendment claims and had not done so. The court had also warned him that failing to file the complaint could result in dismissal.

The court dismissed Adams’s Eighth and Fourteenth Amendment claims with prejudice. The order does not state the disposition of any other claims. Judge Kenneth M. Karas directed the Clerk of Court to mail a copy of the order to Adams.