Massey v. Hernandez

Background

Tyrone H. Massey, proceeding without a lawyer, filed this action under Section 1983 on October 15, 2020. He alleged that a New York Department of Corrections officer denied him seizure medicine, resulting in a seizure and several injuries. In an amended complaint, Massey provided more details and alleged violations of the Eighth and Fourteenth Amendments.

Discovery and Court Conferences

The court entered a case-management and scheduling order requiring Massey to provide initial disclosures and requiring the parties to serve initial document requests by September 10, 2021. Fact discovery was to be completed by January 14, 2022.

The City of New York and Captain Hernandez requested an extension, reporting that Massey’s mental-health issues had prevented him from meeting the deadlines. The court granted the request and entered an amended schedule. In March 2022, defense counsel reported that Massey still had not provided initial disclosures or responded to discovery requests, which were then due by December 20, 2021. Counsel also reported that Massey had personal health problems and had been hospitalized. The court granted another extension and scheduled a status conference for April 20, 2022.

Massey did not appear at the April conference. Defense counsel told the court that Massey had been produced at the designated time but refused to join the conference. The court scheduled another conference for May 10, 2022, and warned Massey that continued failure to follow court orders or participate actively in the case could result in dismissal. Massey again did not appear, and defense counsel reported that he still had not provided initial disclosures or responded to discovery requests. Massey also had not contacted defense counsel or notified the court of a change of address.

Court’s Ruling

Rule 41(b) permits a federal district court to dismiss a complaint when a party fails to comply with a court order, treating that failure as a failure to prosecute, meaning a failure to move the case forward. Judge Gregory H. Woods found that Massey had disregarded discovery deadlines despite two extensions, failed to attend two court-ordered conferences, and failed to update his address after being warned that the case could be dismissed.

The court concluded that no lesser sanction would be effective and dismissed the action without prejudice for failure to prosecute under Rule 41(b). The clerk was directed to serve the order on Massey by certified mail at his last known address and close the case. The opinion did not decide the merits of Massey’s allegations against the defendants.