Massey v. Holder

Background

Tyrone H. Massey, proceeding without a lawyer, filed this action against Captain Holder and the City of New York. He alleged deliberate indifference and excessive force while he was in pretrial detention. Massey filed an amended complaint, and the defendants moved to dismiss it on January 20, 2022.

Failure to Respond

Massey’s opposition to the motion was due February 17, 2022. After receiving no opposition, the court ordered him to submit one or tell the court that he did not intend to file one by March 24, 2022. The court warned that it might dismiss the action for failure to prosecute if he did not respond. When Massey still did not respond, the court issued another order on April 11, 2022, giving him until May 2, 2022, to contact the court. The court stated that Massey had not contacted it since a status conference on October 12, 2021.

Rule and Ruling

Federal Rule of Civil Procedure 41(b) permits a district court to dismiss an action when a plaintiff fails to prosecute or fails to comply with a court rule or order. The court described the factors it must consider, including the length of the failure, whether the plaintiff was warned that dismissal could result, possible prejudice to the defendants, the court’s need to manage its docket, the plaintiff’s opportunity to be heard, and whether a less severe sanction would be appropriate. The court also noted that dismissal is the harshest sanction and requires notice and an opportunity to respond.

Having considered those factors and requirements, Judge Ronnie Abrams dismissed this action without prejudice under Rule 41(b). The Clerk of Court was directed to close the case and mail a copy of the order to Massey.