4:24-cv-04084•King v. White et al
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ELIJAH JONQUAILDESHAWN KING PLAINTIFF v. Civil No. 4:24-CV-04084-SOH-CDC CORPORAL LEUGENE WHITE, SWACCC; and CORPORAL LUCAS McCLAIN, SWACCC, DEFENDANTS MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Elijah Jonquaildeshawn King, a prisoner, filed the above-captioned civil rights action pursuant to 42 U.S.C. § 1983 generally alleging that he was subjected to unconstitutional conditions of confinement while incarcerated at the Southwest Arkansas Community Correction Center (“SWACCC”). (ECF No. 8). Plaintiff proceeds pro se and in forma pauperis (“IFP”). (ECF No. 3). Chief United States District Judge Susan O. Hickey referred this matter to the undersigned pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3). This case is currently before the Court on Plaintiff’s failure to prosecute this case and failure to comply with court orders. I. BACKGROUND On August 6, 2024, Plaintiff initiated the above-captioned civil rights action, (ECF No. 1), and requested to proceed in forma pauperis (“IFP”), (ECF No. 2). That same day, United States Magistrate Judge Barry A. Bryant granted Plaintiff’s IFP application and ordered Plaintiff to submit an amended complaint by August 27, 2024, failing which this matter would be subject to dismissal for failure to prosecute. (ECF No. 3). That order also directed Plaintiff to file a notice of change of address with the Court within 30 days of any such change and warned that failure to submit updated contact information within the required timeframe would result in dismissal of the Case 4:24-cv-04084-SOH Document 25 Filed 03/06/25 Page 1 of 5 PageID #: <pageID>
2 action. Id. This Order was not returned as undeliverable. Plaintiff did not submit an amended complaint, as ordered, by August 27, 2024. (ECF No. 7). Accordingly, on August 28, 2024, Judge Bryant ordered Plaintiff to show cause why this matter should not be dismissed for failure to comply with Court orders. The next day, Plaintiff submitted his Amended Complaint. (ECF No. 8). This case was subsequently reassigned to the undersigned. Upon preservice review of the Amended Complaint pursuant to 28 U.S.C. § 1915A(a), this Court recommended that only Plaintiff’s condition of confinement claims against Defendant White and Defendant McClain in their individual capacities proceed and that all other claims be dismissed without prejudice. (ECF No. 10). Later, Judge Hickey adopted these recommendations without objection. (ECF No. 19). This Court then ordered service of the Amended Complaint on Defendants McClain and White. (ECF No. 11). While service was pending, Plaintiff filed a motion to further amend his complaint. (ECF No. 13). Upon review, this Court denied Plaintiff’s proposed amendments as futile. (ECF No. 18). After Defendants White and McClain filed their Answer, this Court ordered the Defendants to either file a motion for summary judgment on the issue of whether Plaintiff properly exhausted his administrative remedies in accordance with 42 U.S.C. § 1997e(a) by January 7, 2025, or promptly file a notice informing the Court and parties that the Defendants did not intend to rely on exhaustion as an affirmative defense at trial. (ECF No. 17). On January 7, 2025, Defendants filed a Motion for Summary Judgment on Exhaustion, along with a memorandum and statement of facts in support. (ECF Nos. 20-22). On January 10, 2025, this Court ordered Plaintiff to respond to Defendants’ Motion by January 31, 2025, and Case 4:24-cv-04084-SOH Document 25 Filed 03/06/25 Page 2 of 5 PageID #: <pageID>
3 provided instructions on how to respond. (ECF No. 23). Plaintiff failed to file a response to Defendants’ Motion for Summary Judgment, as ordered, by January 31, 2025. Indeed, on February 4, 2025, Plaintiff’s mail was returned to sender as undeliverable and marked “released—unable to forward.” (ECF No. 24). More than 30 days have now passed since the Court received Plaintiff’s returned mail and Plaintiff has not provided the Court with his updated contact information. In fact, Plaintiff has not communicated with the Court in any way since submitting his motion to amend, approximately five months ago. II. LEGAL STANDARD 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 local rules state in pertinent part: It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. ... If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure. Local Rule 5.5(c)(2). Additionally, 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. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)); Henderson v. Renaissance Grand Hotel, 267 F. App’x 496, 497 (8th Cir. 2008) (per curiam). Case 4:24-cv-04084-SOH Document 25 Filed 03/06/25 Page 3 of 5 PageID #: <pageID>
4 In considering a 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 set forth 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. III. ANALYSIS In this case, Plaintiff has failed to comply the order directing him to update the Court with his address within 30 days of any change in address. (ECF No. 3). Further, Plaintiff has failed to respond to the Defendants’ Motion for Summary Judgment as ordered. Plaintiff, therefore, has failed to comply with court orders and has failed to provide any excuse for his noncompliance. While Defendants have certainly expended resources in this litigation, the Court finds that this matter is still in its early stages. Indeed, this Court issued an order staying in discovery pending the outcome the exhaustion issue. See (ECF No. 17). Accordingly, this Court recommends that this matter be DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 5.5(c)(2) for failure to comply with the Court’s Local Rules and Orders and failure to prosecute this case. Case 4:24-cv-04084-SOH Document 25 Filed 03/06/25 Page 4 of 5 PageID #: <pageID>
5 IV. CONCLUSION For the reasons discussed above, it is recommended that Plaintiff’s Amended Complaint (ECF No. 8) be DISMISSED WITHOUT PREJUDICE. 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. STATUS OF REFERRAL: NO LONGER REFERRED DATED this 6th day of March 2025. /s/ Christy Comstock CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE Case 4:24-cv-04084-SOH Document 25 Filed 03/06/25 Page 5 of 5 PageID #: <pageID>
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