Collier v. City of Mount Vernon

Background Marquis Collier filed the complaint on May 31, 2019, against the City of Mount Vernon and other defendants. The defendants filed an answer on July 26, 2019. The opinion states that Collier had not communicated with the court since June 2, 2021.

Order to show cause On April 8, 2022, the court ordered Collier to show cause—that is, explain—by April 29, 2022, why the case should not be dismissed for failure to prosecute. The Clerk of Court mailed the order to Collier, but the mail was returned on April 26, 2022. Collier did not respond to the order or otherwise communicate with the court.

Legal standard Federal Rule of Civil Procedure 41(b) allows involuntary dismissal when a plaintiff fails to prosecute a case or comply with court rules or a court order. The court explained that a district court may dismiss a case for failure to prosecute even without a motion from the defendant. Such a dismissal is considered a severe remedy and is generally used only in extreme situations.

Before dismissing, courts consider the length of the plaintiff’s delay, whether the plaintiff was warned that further delay could lead to dismissal, possible prejudice to the defendant, the balance between managing the court’s calendar and protecting the plaintiff’s opportunity to be heard, and whether lesser penalties would work.

Ruling Judge Kenneth M. Karas concluded that these factors favored dismissal. The court had previously advised Collier that he had to promptly notify the court of an address change and that failing to do so could result in dismissal. The order to show cause also warned that failure to respond by April 29, 2022, would result in dismissal with prejudice without further notice. Despite those warnings, Collier did not respond.

The court dismissed the action without prejudice for failure to prosecute. It directed the Clerk of Court to mail Collier a copy of the order, certify that mailing on the docket, and close the case.