Bacon v. Evans

Background

On December 1, 2021, the court granted Defendant Joshua Evans’s motion to dismiss. The court dismissed Plaintiff Ryan-Mykal S. Bacon’s claims without prejudice and gave Bacon 30 days to file an amended complaint addressing the problems identified in the court’s earlier opinion and order. The court warned that failing to meet the deadline could result in dismissal of the action.

Bacon did not file an amended complaint. On January 20, 2022, the court issued an order requiring Bacon to explain by February 3, 2022, why the case should not be dismissed for failure to prosecute. The court again warned that failing to respond could result in dismissal without further notice. Bacon did not respond and, according to the opinion, had not communicated with the court since November 2020.

Legal standard

Rule 41(b) of the Federal Rules of Civil Procedure permits involuntary dismissal when a plaintiff fails to prosecute a case or comply with court rules or orders. The court explained that a dismissal for failure to prosecute is a severe remedy and should be used only in extreme situations. Before dismissing, courts generally consider the length of the failure to comply, whether the plaintiff received notice that dismissal could result, possible prejudice to the defendant from further delay, the competing interests in managing the court’s docket and allowing a fair opportunity to be heard, and whether a less severe sanction would be adequate.

Ruling

The court concluded that these factors favored dismissal. Bacon had been given more than two months to file an amended complaint, had received two warnings, failed to comply with the court’s orders, and had not communicated with the court. Judge Kenneth M. Karas therefore dismissed the action without prejudice for failure to prosecute. The Clerk of Court was directed to mail Bacon a copy of the order and close the case.