4:24-cv-04037•Wyner v. Dockery et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION PHILLIP JAMES WYNER PLAINTIFF v. Civil No. 4:24-cv-04037-SOH-MEF SERGEANT DOCKERY, Miller County Detention Center (MCDC); SERGEANT FRAZIER, MCDC; LIEUTENANT GUTHRIE, MCDC; LIEUTENANT ALICE MILLER, MCDC; And CAPTAIN ADAMS, MCDC DEFENDANTS REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE This is a civil rights action filed by the Plaintiff under 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3), the Honorable Susan O. Hickey, Chief United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation. The case is before the Court on Plaintiff’s failure to obey the Court’s Orders. I. DISCUSSION Plaintiff filed his Complaint to initiate this action on May 9, 2024. (ECF No. 1). A Bench Order was entered on July 16, 2024. (ECF No. 12). The Bench Order advised Defendants that if they wished to raise the defense of failure to exhaust administrative remedies, they must do so by September 16, 2024. (ECF No. 12). On September 16, 2024, Defendants timely filed a Motion for Summary Judgment on the issue of exhaustion. (ECF Nos. 14-16). The same day, an Order was entered directing Plaintiff to respond to the summary judgment motion by October 7, 2024. (ECF No. 17). Plaintiff was Case 4:24-cv-04037-SOH Document 21 Filed 04/15/25 Page 1 of 4 PageID #: <pageID>
2 given explicit instructions regarding what was required by him to file a response in accordance with Rule 56 of the Federal Rules of Civil Procedure. In the same Order, Plaintiff was advised that failure to respond to the Order would result in: (a) all the facts set forth by the Defendants in the summary judgment papers being deemed admitted and/or (b) the case would be subject to dismissal. Plaintiff did not file a response to the Motion for Summary Judgment. As a matter of procedural fairness and to give Plaintiff yet another opportunity to comply with the Court’s Order, on October 29, 2024, a Show Cause Order was entered. (ECF No. 18). Plaintiff was given until November 19, 2024, to show cause why he failed to obey the Orders of the Court. Plaintiff was advised that if he failed to respond to the Show Cause Order, the case shall be subject to dismissal. Plaintiff failed to respond to the Show Cause Order. To date, Plaintiff has not responded to the Summary Judgment Motion or the Show Cause Order. Plaintiff has not otherwise communicated with the Court. On April 4, 2025, Defendants filed a Motion to Dismiss the case with prejudice based on Plaintiff’s failure to comply with the Court’s Orders. (ECF No. 19). No mail has been returned as undeliverable. Plaintiff has failed to comply with the Court’s Orders (ECF Nos. 17, 18). Plaintiff was advised in each of the above-mentioned Orders that failure to comply would subject the case to dismissal. Although pro se pleadings are to be construed liberally, a pro se litigant is not excused from complying with substantive and procedural law. Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir. 1984). The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the grounds that the plaintiff failed to prosecute or failed to comply with orders of the court. Fed. R. Case 4:24-cv-04037-SOH Document 21 Filed 04/15/25 Page 2 of 4 PageID #: <pageID>
3 Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating the district court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a district court has the power to dismiss an action based on “the plaintiff's failure to comply with any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis added). Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas requires parties appearing pro se to monitor the case, and to prosecute or defend the action diligently. Furthermore, a dismissal pursuant to Rule 41(b) operates as an adjudication on the merits unless it is otherwise specified. Fed. R. Civ. P. 41(b); Brown, 806 F.2d at 803. When considering Rule 41(b) dismissal, the Court must balance: (1) “the degree of [Plaintiff’s] egregious conduct”; (2) the adverse impact of the conduct on the Defendants; and (3), the Court’s ability to administer justice. Rodgers v. Curators of University of Missouri, 135 F.3d 1216, 1219 (8th Cir. 1998) (internal quotations omitted). In Rodgers, the Eighth Circuit provides the standard the Court must consider before dismissing with prejudice for failure to prosecute: Dismissal with prejudice is an extreme sanction and should be used only in cases of willful disobedience of a court order or . . . persistent failure to prosecute a complaint. [The Court must consider] . . . whether in the particular circumstances of the case, the needs of the court in advancing a crowded docket and preserving respect for the integrity of its internal procedures are sufficient to justify the harsh consequences of forever denying a litigant of his day in court. However, the [Court] need not [find] that appellant acted in bad faith, only that he acted intentionally as opposed to accidentally or involuntarily. Id. Here, Defendants expended resources in responding to the Complaint and preparing the Motion for Summary Judgment on exhaustion. Plaintiff then chose not to respond to the Summary Judgment Order or the Show Cause Order. In both Orders, Plaintiff was advised that failure to comply would result in the dismissal of the case. In fact, the Show Cause Order says Case 4:24-cv-04037-SOH Document 21 Filed 04/15/25 Page 3 of 4 PageID #: <pageID>
4 that failure to respond “shall” subject the case to dismissal. The last document filed by the Plaintiff was his change of address filed on August 23, 2024. (ECF No. 13). II. CONCLUSION For these reasons, it is RECOMMENDED that Defendants’ Motion to Dismiss (ECF No. 19) be GRANTED and this case be DISMISSED WITH PREJUDICE, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure based on Plaintiff’s intentional failure to prosecute this case, his failure to obey the orders of the Court, and his failure to comply with Local Rule 5.5(c)(2). Status of Referral: The referral terminates upon the filing of this Report and Recommendation. The parties have fourteen (14) days from receipt of the Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. DATED this 15th day of April 2025. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE Case 4:24-cv-04037-SOH Document 21 Filed 04/15/25 Page 4 of 4 PageID #: <pageID>
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