3:24-cv-00198•COIT v. PA DOC, et al
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Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page 1of7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KEVIN COIT, Plaintiff, Civil Action No. 24-198] District Judge Stephanie L. Haines Magistrate Judge Maureen P. Kelly Vv. DEPUTY SECRETARY LAUREL HARRY, et al., Re: ECF No. 2 Defendants. REPORT AND RECOMMENDATION IL RECOMMENDATION It is respectfully recommended that the Amended Complaint filed in the above-captioned case, ECF No. 2, be dismissed for failure to prosecute. II. REPORT Plaintiff Kevin Coit (“Plaintiff”) is a prisoner in the custody of ‘the Pennsylvania Department of Corrections. On August 20, 2024, Plaintiff lodged a Complaint against over 30 prison guards and officials, the Pennsylvania Department of Corrections, and Governor Josh Shapiro, but he did not submit a Motion to Proceed in Forma Pauperis or payment of the required filing fee. ECF No. 1. Plaintiff lodged an Amended Complaint on September 19, 2024. ECF No. 2. Because Plaintiff failed to submit the required paperwork, the Court entered a Deficiency Order on September 18, 2024, directing the Plaintiff to complete a form motion to proceed in forma pauperis, file a Consent to Magistrate Judge form, and provide the necessary documents to serve his Complaint. ECF No. 3. That same day, the Court entered a Standing Practice Order for Pro Se Civil Rights Cases which, in part, notified the Plaintiff of his continuing obligation to AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page 2 of 7 update the Court with any change of address, and to comply with all Court orders as directed. ECF No. 4. Plaintiff submitted a Motion to Proceed in Forma Pauperis on October 11, 2024, and submitted completed service forms for each defendant on October 22, 2024. ECF No. 6. However, Plaintiff failed to comply with the Court’s Deficiency Order because by failing to submit copies of the Amended Complaint for each named defendant. Accordingly, on October 30, 2024, the Court issued an Order to Show Cause why this case should not be dismissed. ECF No. 11. Plaintiff filed a Motion to Supplement the Complaint on November 18, 2024. ECF No. 12. On December 4, 2024, this Court issued a second Order to Show Cause as to why this case should not be dismissed due to Plaintiff’s failure to comply with the Deficiency Order. ECF No. 13. Plaintiff’s response was due on or before January 3, 2025. Id. at 1. Plaintiff filed a Notice of Appeal on May 12, 2025. ECF No. 16. That appeal was dismissed for lack of jurisdiction on November 17, 2025. ECF No. 19. Additionally, in a related case suffering from similar filing deficiencies, Plaintiff indicated that he would not make service copies of the complaint in that matter. ECF No. 9 at 1, Coit v. Sup’t Close, No. 24-94] (W.D. Pa. filed Apr. 30, 2024). Despite having been explicitly informed that the Court would accept legible handwritten service copies of the complaint. ECF No. 10 at 1, No. 24-94J. Plaintiff refused, to submit service copies, resulting in dismissal of that case for failure to prosecute. ECF Nos. 25 and 28, No. 24-94]. To date, Plaintiff has not responded to the Court’s second Order to Show Cause, nor has he submitted copies of the Amended Complaint for service on the defendants in the instant matter. Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page 3of7 The United States Court of Appeals for the Third Circuit has identified a six-factor balancing test to guide a court in determining whether a case should be dismissed for failure to prosecute. Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863 (3d Cir. 1984). The court must consider: 1) the extent of the party’s personal responsibility; 2) the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; 3) a history of dilatoriness; 4) whether the conduct of the party or attorney was willful or in bad faith; 5) the effectiveness of sanctions other than dismissal, which entails an analysis of alternative sanctions; and 6) the meritoriousness of the claim or defense. Id. at 868. There is no “magic formula” or “mechanical calculation” to determine whether a case should be dismissed for failure to prosecute, Mindek v. Rigatti, 964 F.2d 1369, 1373 (3d Cir. 1992), and not all six factors need to support dismissal before dismissal is warranted. Hicks v. Feeney, 850 F.2d 152 (3d Cir. 1988). Rather, the court must “properly consider and balance” each of the six factors based on the record. See Hildebrand v. Allegheny County, 923 F.3d 128, 132 (3d Cir. 2019) (citing Poulis, 747 F.2d at 868). “Dismissal with prejudice is an ‘extreme’ sanction” that should be employed as a “last, not first, resort.” Hildebrand, 923 F.3d at 132 (quoting Nat’] Hockey League v. Metro Hockey Club, Inc., 427 U.S. 639, 643 (1976), and Poulis, 747 F.2d at 867, 869). A close case should “be resolved in favor of reaching a decision on the merits.” Id. (citing Adams v. Trs. of the N.J. Brewery Emps.’ Pension Tr. Fund, 29 F.3d 863, 870 (3d Cir. 1994)). Nevertheless, “[d]ismissal is a sanction rightfully in the district courts’ toolbox,” and the Third Circuit “has not hesitated to affirm the district court’s imposition of sanctions, including dismissals in appropriate cases.” Id. (citing Poulis, 747 F.2d at 867 n.1). Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page 4 of 7 The first Poulis factor requires the Court to consider the extent to which the dilatory party is personally responsible for the sanctionable conduct. See Adams, 29 F.3d at 873 (“[I]n determining whether dismissal is appropriate, we look to whether the party bears personal responsibility for the action or inaction which led to the dismissal.”). Because Plaintiff is proceeding pro se, he is solely responsible for his own conduct, including his failure to respond to orders from the Court. See, e.g., Colon v. Karnes, No. 1:11-cv-1704, 2012 WL 383666, at *3 (M.D. Pa. Feb. 6, 2012) (“Plaintiff is proceeding pro se, and thus is responsible for his own actions.”). This factor weighs heavily in favor of dismissal. The second Poulis factor assesses whether the adverse party has suffered prejudice because of the dilatory party’s behavior. Relevant concerns include “the irretrievable loss of evidence, the inevitable dimming of witnesses’ memories[,] the excessive and possibly irremediable burdens or costs imposed on the opposing party,” Adams, 29 F.3d at 874, and “the burden imposed by impeding a party’s ability to prepare effectively a full and complete trial strategy.” Ware v. Rodale Press, Inc., 322 F.3d 218, 222 (3d Cir. 2003). At this stage of the litigation, there is a lack of explicit evidence of prejudice because the adverse parties have not yet been served with proper paperwork due to Plaintiff’s failure to comply with the Deficiency Order from the Court. ECF No. 13. The third factor, “history of dilatoriness,” also weighs heavily against Plaintiff. As explained, Plaintiff has failed to fully respond to the Deficiency Order, ECF No. 3, nor has he responded to the Order to Show Cause that was entered December 4, 2024. ECF No. 13. Additionally — and importantly — Plaintiff has failed to provide copies of the Amended Complaint for service on the host of defendants that he wishes to sue. Thus, Plaintiff has engaged in dilatory conduct that serves to unnecessarily delay resolution of this matter. Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page5of7 As for the fourth Poulis factor, “[w]illfulness involves intentional or self-serving behavior.” Adams, 29 F.3d at 874. In this case, there is nothing on the docket to suggest that Plaintiff is unable to respond to Court orders. Instead, Plaintiff’s conduct in this matter, as well as in Civil Action No. 24-94J, indicate that he simply does not want to make copies of the Amended Complaint for the many defendants hat he has named. Thus, his failure to comply with the Court’s orders appears willful. The fifth factor addresses the effectiveness of sanctions other than dismissal. Poulis, 747 F.2d at 869. It is well-established that monetary sanctions are ineffective where the Plaintiff is indigent. See, e.g., Brennan v. Clouse, No. 11-146, 2012 WL 876228, at *3 (W.D. Pa. Mar. 14, 2012) (“Alternative sanctions, such as monetary penalties, are inappropriate as sanctions with indigent pro se parties.”) (citing Emerson vy. Thiel College, 296 F.3d 184, 191 (3d Cir. 2002)). As such, this factor weighs heavily in favor of dismissal. Finally, the Court must consider the potential merit of Plaintiff’s claims. A claim will be deemed meritorious “when the allegations of the pleadings, if established at trial, would support recovery by plaintiff.” Poulis, 747 F.2d at 869-70. However, the Plaintiff has failed to comply with the Court’s orders and delayed the litigation of his case. Thus, the Court does not have a basis to evaluate the potential merit of his claims. On balance, the Court concludes that at least four of the six Poulis factors support dismissal, with the remaining factor (merits of Plaintiff’s claims) not weighed against or in favor of dismissal. Nevertheless, “[n]ot all these factors need to be met for a district court to find dismissal is warranted.” Hicks v. Feeney, 850 F.2d 152, 156 (3d Cir. 1988). While the Court is mindful of the strong policy for deciding cases on the merits, such a resolution is impossible when the plaintiff declines to participate in his own lawsuit. Consequently, the Court concludes Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page 6 of 7 that on the record presented here, the extreme sanction of dismissal is supported by the Poulis factors. I. CONCLUSION For the reasons set forth above, it is respectfully recommended that this action be dismissed without prejudice due to Plaintiff’s failure to prosecute. In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.D.2 of the Local Rules of Court, the parties are permitted to file written objections in accordance with the schedule established in the docket entry reflecting the filing of this Report and Recommendation. Objections are to be submitted to the Clerk of Court, United States District Court, 700 Grant Street, Room 3110, Pittsburgh, PA 15219. Failure to timely file objections will waive the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n. 7 (3d Cir. 2011). Any party opposing objections may file their response to the objections within fourteen (14) days thereafter in accordance with Local Civil Rule 72.D.2. Dated: December / 0 , 2025 Respectfully submitted, MAURSENP. KEVLY NX UNITED STATES MAGISTRATE JUDGE cc: The Honorable Stephanie L. Haines United States District Judge Kevin Coit QQ6730 SCI Greene 169 Progress Drive Waynesburg, PA 15370 Case 3:24-cv-00198-SLH-MPK Document 21 Filed 12/10/25 Page 7 of 7 Kevin Coit QQ6730 SCI Albion 10745 Route 18 Albion, PA 16475-0001
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