Anderson v. F C I Oakdale
2:19-cv-01329
W.D. La.Apr 27, 2020Background
- Petitioner Johneke Anderson, proceeding pro se, filed a habeas petition under 28 U.S.C. § 2241 on October 9, 2019, challenging the BOP’s calculation of his sentence and claiming loss of 376 days of jail credit.
- The petition was referred to the magistrate judge for review; Anderson was ordered on December 16, 2019 to amend his petition to provide additional information.
- Anderson did not file the ordered amendment and did not notify the court of any change of address after his release from custody on January 13, 2020.
- The magistrate judge found Anderson’s failure to comply with the court’s order and to keep the court apprised of his address justified dismissal for failure to prosecute.
- The magistrate recommended dismissal under Federal Rule of Civil Procedure 41(b) and Local Rule 41.3W, and advised Anderson of his 14-day right to file objections to the report and recommendation (dated April 27, 2020).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition should proceed despite petitioner’s failure to amend as ordered | Anderson asserts a substantive claim that the BOP miscalculated his sentence (376 days credit) | Respondent contends dismissal is proper due to Anderson’s failure to comply with the court’s order and to update his address | Dismissal recommended for failure to prosecute under FRCP 41(b) and Local Rule 41.3W |
| Whether the court may dismiss sua sponte for lack of prosecution | Anderson did not contest court’s procedural authority in the record | Court relies on inherent and statutory authority to manage docket and sanction noncompliance | Court held sua sponte dismissal is authorized and appropriate given the circumstances |
Key Cases Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (1962) (recognizes courts’ inherent authority to dismiss actions for failure to prosecute)
- McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988) (explains dismissal power is necessary to prevent undue delays and manage court calendars)
- Douglass v. United Services Automobile Association, 79 F.3d 1415 (5th Cir. 1996) (failure to timely object to a magistrate judge’s report bars later attack except for plain error)