Eddie Jackson v. Sandy McCain, Warden, 688 F. App'x 294

Petitioner Eddie Lee Jackson, a Louisiana prisoner, was convicted of second-degree kidnapping and simple arson and filed a 28 U.S.C. § 2254 habeas petition.
The district court ordered Jackson to produce particular state-court records and to amend his § 2254 petition accordingly.
Jackson failed to produce the requested records and did not amend his petition by the deadline specified in the district court’s order.
The district court dismissed Jackson’s habeas application with prejudice for want of prosecution under Fed. R. Civ. P. 41(b), sua sponte.
Jackson appealed, arguing the dismissal with prejudice was improper because he had no pattern of intentional delay or contumacious conduct and lesser sanctions were not considered.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal with prejudice under Rule 41(b) was appropriate for failure to produce state-court records	Jackson argued his failure was not part of a pattern of willful delay or contumacious conduct and he may not have had ready access to the records	The district court treated the failure to comply with its order as grounds for dismissal with prejudice under Rule 41(b)	Reversed: dismissal with prejudice was an abuse of discretion because no clear record of contumacious conduct, no demonstrated willfulness, and no consideration of lesser sanctions

McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir.) (district court may dismiss sua sponte for failure to prosecute)
Coleman v. Sweetin, 745 F.3d 756 (5th Cir.) (standard of review for Rule 41(b) dismissals)
Millan v. USAA Gen. Indem. Co., 546 F.3d 321 (5th Cir.) (heightened review where dismissal is with prejudice; need clear record of delay or contumacious conduct)
Berry v. Cigna/RSI-CIGNA, 975 F.2d 1188 (5th Cir.) (single failure to comply does not necessarily justify dismissal with prejudice)
McNeal v. Papasan, 842 F.2d 787 (5th Cir.) (delay must be significant or willful to warrant harsh sanction)