Klein v. Koenig

Background

Benjamin Klein filed a complaint against Shlomo Koenig and others on November 6, 2020, alleging violations of his constitutional rights. On February 2, 2021, the court dismissed the complaint for failure to state a claim, meaning the court found that the complaint did not adequately allege a legally actionable claim. The dismissal was without prejudice, and the court allowed Klein 30 days to file an amended complaint.

The court later observed that the docket did not show that the February 2 order had been mailed to Klein and that it could not otherwise determine whether he had received it. On March 31, 2021, the court extended Klein’s time to file an amended complaint by another 30 days and stated that the action would be terminated if he did not file one by May 3, 2021. Klein did not file an amended complaint.

Bankruptcy Filing

Klein sent the court a letter dated April 16, 2021, stating that he had filed for Chapter 7 bankruptcy and asserting that the bankruptcy filing paused this case. The court rejected that argument. It explained that the automatic pause under 11 U.S.C. § 362 applies to actions proceeding against the person who filed for bankruptcy. Here, Klein was the person pursuing claims against other parties.

Ruling

The court relied on Federal Rule of Civil Procedure 41(b), which permits a judge to dismiss a case when a plaintiff fails to prosecute, or fails to move the case forward. The court ordered that the action be dismissed without prejudice for failure to prosecute under Rule 41(b). It directed the Clerk of Court to terminate the action and to mail Klein copies of the dismissal order and the two earlier orders.

The opinion does not decide whether Klein’s constitutional-rights allegations were valid. It dismisses the action because Klein did not file the required amended complaint.