Hickman v. The City of New York

Background

Quandell Hickman filed this action on September 3, 2020, while representing himself and proceeding without paying the filing fee. The court initially dismissed the action without prejudice after the clerk could not successfully serve Hickman with court orders. Hickman later explained that his address had been listed incorrectly, and the court granted his request to vacate that dismissal and reopen the case.

Failure to Prosecute

After the case was reopened, Hickman failed to comply with four court orders and did not appear for scheduled conferences on March 8, March 15, May 10, or June 28, 2021. At each conference, the court, defense counsel, and the court reporter appeared and waited for Hickman. The court’s orders after the earlier conferences warned that continued noncompliance could lead to dismissal under Federal Rule of Civil Procedure 41(b).

Rule 41(b) permits dismissal when a plaintiff fails to prosecute a case or comply with court rules or orders. The court explained that it could dismiss the case on its own and that this authority also applies to a person representing himself, provided he was warned that noncompliance could result in dismissal.

Ruling

Judge Gregory H. Woods ruled that dismissal was warranted because Hickman had received repeated warnings but still failed to attend conferences and comply with court orders. The court considered whether a lesser sanction would be appropriate and concluded that it was not. The complaint was dismissed without prejudice for failure to prosecute and failure to comply with numerous court orders. The clerk was directed to terminate all pending motions, adjourn all deadlines, close the case, and send Hickman a copy of the order by certified mail.

The order did not decide the underlying claims described in Hickman’s complaint.