Brady v. Roberts et al

1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Darren Brady
v. Civil No. 20-cv-208-PB
Wendy E. Roberts et al.
REPORT AND REOMMENDATION TO DISMISS CASE SUA SPONTE
This is a civil rights action under 42 U.S.C. § 1983 in
which the plaintiff, Darren Brady, proceeding pro se, alleges
that the defendants unlawfully arrested and prosecuted him, in
violation of his constitutional rights. Compl. (Doc. No. 1).
On April 6, 2021, the court held a telephonic preliminary
pretrial conference, following service of Mr. Brady’s complaint,
to set a schedule for the parties to issue discovery, file
motions, and have a trial in this case. Mr. Brady did not
appear at this conference, and efforts to contact Mr. Brady at
his provided Florida and New Hampshire addresses were
unsuccessful. As a result, no schedule was set, and the
preliminary pretrial conference was continued until a later
date. See Apr. 6, 2021 Endorsed Order.
On April 15, 2021, the court again held a telephonic
preliminary pretrial conference in this matter, at which
Mr. Brady did not appear. The court recognized that, despite
Mr. Brady’s past diligence, the court had received no updates
Case 1:20-cv-00208-PB Document 19 Filed 07/09/21 Page 1 of 4

2
about Mr. Brady’s status or whereabouts since February 25, 2021,
when Mr. Brady informed the Clerk’s Office, in an unrelated
litigation, that he was hospitalized. See Feb. 25, 2021
Endorsed Order, Brady v. Weeks Medical Ctr., No. 19-cv-655-SM.
It also noted that, on April 6, 2021, the Clerk’s Office had
contacted the Florida hospital where Mr. Brady purportedly had
resided and learned that he had left the facility.
In light of these events, the court ordered Mr. Brady to
show cause as to why it should not dismiss his case due to his
failure to prosecute or otherwise comply with the court’s
orders. See April 26, 2021 Show Cause Order (Doc. No. 14)
(citing Fed. R. Civ. P. 41(b)). In doing so, the court warned
Mr. Brady that his failure to comply could result in the sua
sponte dismissal of Mr. Brady’s claims with prejudice. See id.
On May 25, 2021, Mr. Brady responded by maintaining that he was
still in the “Orlando Health Hospital with COVID-19” and that
“the reason to allow [his] cases to move forward is simply cause
[sic] of the face of justice.” Brady Response (Doc. No. 17).
Taking Mr. Brady at his word, the court again directed Mr.
Brady “to update the court as to his hospitalization or any
other circumstances affecting his ability to prosecute his
claims on or before July 2l 2021.” June 2, 2021 Endorsed Order.
The court also reminded Mr. Brady that “[f]ailure to timely do
so may result in the sua sponte dismissal of [his] claims with
Case 1:20-cv-00208-PB Document 19 Filed 07/09/21 Page 2 of 4

3
prejudice. Id. (citing Fed. R. Civ. P. 41(b)). Copies of this
Endorsed Order were sent to Mr. Brady’s Florida and New
Hampshire addresses. Mr. Brady, however, did not respond.
To date, Mr. Brady has repeatedly fallen short of his
obligation to update the court as to his health status and his
future ability to participate in any of his active proceedings.
Nor has he adequately explained his purported inability to
telephonically participate in court events or his failure to
prosecute his case remotely.
Given Mr. Brady’s failure to prosecute his claims, his
failure to comply with the court’s orders, and the court’s
repeated warnings as to the consequences of Mr. Brady’s
failures, the District Judge should dismiss this matter, sua
sponte, without prejudice to Mr. Brady’s ability to bring the
claims asserted in this matter in a future complaint, unless
Mr. Brady sufficiently demonstrates that he can prosecute his
claims and comply with his obligations under the Federal Rules
and the court’s orders. Any objections to this Report and
Recommendation must be filed within thirty days of receipt of
this notice. The thirty-day period may be extended upon motion.
Failure to file an objection within the specified time waives
the right to appeal the district court’s order. See Santos-
Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016).
Case 1:20-cv-00208-PB Document 19 Filed 07/09/21 Page 3 of 4

4
SO ORDERED.
_______________________________
Andrea K. Johnstone
United States Magistrate Judge
July 9, 2021
cc: Darren Brady, pro se
Brian J.S. Cullen, Esq.
Case 1:20-cv-00208-PB Document 19 Filed 07/09/21 Page 4 of 4