King v. Hutson
2:23-cv-06857
E.D. La.May 30, 2024Background
- Kenshawn Gavin King, a pretrial detainee formerly incarcerated at the Orleans Justice Center, filed a civil rights lawsuit under 42 U.S.C. § 1983 alleging excessive force was used against him on June 12, 2023.
- The court sent mail to King’s address of record, which was returned undeliverable and indicated he was no longer in custody.
- King did not provide an alternative address and failed to update his current whereabouts with the court, despite acknowledging his obligation to do so in his complaint.
- The court’s Local Rules require all parties to promptly notify the court of any change of address, with failure to do so risking dismissal.
- Over 35 days passed with undelivered mail and no address correction from King.
- The magistrate judge recommended dismissal of King's action without prejudice for failure to prosecute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to update address | No explanation provided | Plaintiff failed to update | Grounds for dismissal for want of prosecution |
| Obligation to notify court | Acknowledged in complaint | Enforced under Local Rules | Plaintiff's failure supports dismissal |
| Court's ability to dismiss | Not addressed by plaintiff | Cited FRCP and Local Rules | Court has authority to dismiss |
| Prejudice of dismissal | Not directly addressed | Dismissal should be w/o prejudice | Dismissed without prejudice |
Key Cases Cited
- Link v. Wabash R.R., 370 U.S. 626 (1962) (establishes authority of courts to dismiss an action for failure to prosecute)
- McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988) (discusses standards for dismissal for want of prosecution)
- Ramsay v. Bailey, 531 F.2d 706 (5th Cir. 1976) (court's power to dismiss sua sponte for failure to prosecute)