Jackson v. Department of Corrections

Background

James Jackson filed a complaint on October 7, 2020, together with 49 other detainees. Magistrate Judge Stewart Aaron later separated the plaintiffs’ claims and directed that each plaintiff’s claims proceed in a separate action. An amended complaint filed in the related proceeding was docketed in Jackson’s separate action as well.

Opportunities to Amend

In a March 22, 2021 order, the court found that the amended complaint did not specify how the defendants violated Jackson’s constitutional rights. The court allowed Jackson to file a second amended complaint by April 23, 2021, and warned that failing to do so without good cause could result in dismissal for failure to state a claim. After Jackson missed that deadline without filing a complaint or explaining the failure, the court extended the deadline to May 24, 2021 and repeated the warning.

Jackson did not file a second amended complaint or provide an explanation by the extended deadline.

Ruling

Judge Vernon S. Broderick ordered that the action be dismissed without prejudice for failure to state a claim and failure to prosecute under Federal Rules of Civil Procedure 12(b) and 41(b). A dismissal without prejudice does not itself bar a later filing, although the opinion does not discuss any requirements or limitations that might apply. The court directed the clerk to enter judgment dismissing the complaint and mail a copy of the order to Jackson, who was representing himself.