Giddings v. United States

Background

Warren Mathew Giddings brought this action against the United States under the Federal Tort Claims Act. The United States filed a motion to dismiss on March 4, 2024. Under the court’s practices for cases involving parties without lawyers, Giddings had four weeks after being served with the motion papers to file an opposition.

Giddings did not file an opposition. The United States’ mailing containing the motion and supporting documents was returned by the U.S. Postal Service, and Giddings did not notify the court that his address had changed.

Order to Show Cause

On April 29, 2024, the court ordered Giddings to explain in writing why he had not responded to the motion to dismiss and why he had not maintained a current address with the court. The order stated that the case would be dismissed for failure to prosecute if Giddings did not provide a written explanation showing good cause by May 20, 2024.

Giddings did not respond to that order by the deadline.

Court’s Ruling

Federal Rule of Civil Procedure 41(b) allows a district court to dismiss an action when a plaintiff fails to prosecute the case or comply with the rules or a court order. The court concluded that dismissal without prejudice was appropriate because Giddings had been warned that further delay could result in dismissal and had caused unreasonable delay.

The court dismissed the action without prejudice to refiling for failure to prosecute. It denied the United States’ motion to dismiss as moot, directed the clerk to close that motion, and closed the case.