Mosley v. Carter
- Edgardo Ramos
- 1:21-cv-09044
- U.S. District Court · Southern District of New York
- 2
In Mosley v. Carter, Judge Ramos dismissed Mosley’s action for failure to prosecute after he missed repeated deadlines to amend his complaint.
Tayquan Mosley and the defendants named in the action: Warden Carter, Captain Guerra, Captain John Doe, and Captain Horton.
What happened
In Mosley v. Carter, Tayquan Mosley, representing himself, alleged that the defendants violated his federal constitutional rights while he was incarcerated. The court ordered officials to identify a defendant originally listed as “Captain John Doe” and directed Mosley to file an amended complaint naming that person.
Officials provided information about captains who supervised the relevant intake process, but Mosley did not file an amended complaint by the required deadline. The court later granted additional time and warned Mosley that failing to amend or request an extension could lead to dismissal. Mosley did neither.
Judge Edgardo Ramos dismissed the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The court also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and directed the clerk to close the case and mail Mosley a copy of the order.
The detailed version
- Mosley v. Carter · No. 1:21-cv-09044
- Edgardo Ramos
- Dec. 1, 2022
Background
Tayquan Mosley filed this action while incarcerated at the Vernon C. Baine Correctional Center. He proceeded without a lawyer and alleged that Warden Carter, Captain Guerra, Captain John Doe, and Captain Horton violated his federal constitutional rights.
Missed amendment deadlines
The court’s December 9, 2021 Order of Service directed the New York City Law Department to provide the identity and badge number of Captain John Doe. It also directed Mosley to file an amended complaint naming the identified person within 30 days after receiving that information.
On February 3, 2022, Assistant Corporation Counsel Copatrick Thomas provided Mosley with the names of various captains who supervised the Vernon C. Baine Center’s intake process on the day relevant to Mosley’s allegations. Mosley therefore was expected to file an amended complaint by March 7, 2022, but he did not do so.
After nearly five months without activity, the defendants asked the court to order Mosley to file the amended complaint. The court granted that request and set an August 19, 2022 deadline. Mosley again did not file an amended complaint. The court later gave him until November 30, 2022 to file an amended complaint or request more time, warning that failure to do so would result in dismissal for lack of prosecution. Mosley did neither.
Ruling
Judge Edgardo Ramos dismissed the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. The order does not state that the dismissal was with or without prejudice. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The clerk was directed to close the case and mail Mosley a copy of the order.
Effect
The order ended the action in the district court based on Mosley’s failure to meet the court’s deadlines and prosecute the case. It did not decide whether the alleged constitutional violations occurred.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.