Ayala-Rosario v. Westchester County

Background

On July 2, 2020, the court granted the dismissal motions filed by Correct Care Solutions, Ulloa, and Gendell in full. It also granted Westchester County’s motion to dismiss as to all defendants except Graham and Pena. The Clerk mailed the order to Plaintiff, but the mail was returned as undeliverable.

Plaintiff had previously been told that he had to promptly notify the court of any address change and that failing to do so could result in dismissal. After Plaintiff stated that he had been transferred to Five Points Correctional Facility and had not received the July 2 order, the court allowed him to amend his complaint and set a December 31, 2020 deadline for filing the proposed amended complaint. Plaintiff did not meet that deadline.

Failure to Prosecute

On April 8, 2022, the court ordered Plaintiff to show cause by April 29, 2022, explaining why the case should not be dismissed for failure to prosecute. The order warned that failure to respond would result in dismissal without further notice. Plaintiff did not respond and had not communicated with the court since September 17, 2020.

Under Federal Rule of Civil Procedure 41(b), a court may dismiss an action when a plaintiff fails to prosecute it or comply with court orders. The court considered the duration of Plaintiff’s failures, the notice that further delay could lead to dismissal, possible prejudice from further delay, the balance between court congestion and a fair chance to be heard, and whether lesser sanctions would be effective. It concluded that these factors favored dismissal.

Disposition

The court dismissed the action for failure to prosecute. It directed the Clerk to mail Plaintiff a copy of the order, certify that mailing on the docket, and close the case. Although the court’s warning referred to dismissal without prejudice, the final disposition states that the court “dismisses the Action for failure to prosecute” without separately stating a dismissal qualifier.