Traore v. New York City Department of Corrections

Background

Abdoulaye Traore sued the New York City Department of Correction and unidentified “Rikers Island Staff.” The court liberally understood the complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights statute, and state law against the City of New York and certain Rikers Island staff.

The court issued an order requiring the identification of the specific staff members. In response, the City of New York sent Traore several interrogatories, or written questions, that he did not answer. The court issued multiple orders warning that failing to respond could lead to dismissal for failure to prosecute. The defendants moved to dismiss on September 27, 2022, stating that Traore had not responded to any of their communications since April 28, 2022. The court later notified Traore that the motion would be treated as unopposed if he did not respond by March 3, 2023. He did not respond.

The opinion notes that one order mailed to Traore was returned as undeliverable. The court found that this did not excuse his failure to respond because he had been told that he was responsible for informing the court of any change in his contact information.

Ruling

The court dismissed the action without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). That rule permits a district court to dismiss an action when a plaintiff fails to prosecute or comply with a court order. The court found that Traore had received notice that further delay could result in dismissal and that his unreasonable delay prejudiced the proceedings.

The dismissal was without prejudice to refiling. The Clerk of Court was directed to close the case. The court did not decide the merits of Traore’s federal or state-law claims.