Pearson v. Ridgeland Correctional Institution
1:17-cv-02515
D.S.C.Nov 17, 2017Background
- Plaintiff Shawn Pearson was reassigned and opened this case after an earlier clerical reassignment from Mast v. Ridgeland Correctional Institution et al.
- The magistrate judge ordered Pearson (the plaintiff) on September 26, 2017 to submit a completed complaint, service documents, and filing-fee paperwork by October 17, 2017.
- A second order on October 20, 2017 extended the deadline to November 13, 2017 and again warned that failure to comply could lead to dismissal.
- Pearson failed to respond to either court order and did not complete the required filings to advance the case.
- The magistrate judge concluded Pearson’s noncompliance reflected an intention not to pursue the matter and recommended dismissal without prejudice for failure to prosecute.
- The report notified the parties of their right to file specific written objections within 14 days and explained consequences of failure to object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be dismissed for failure to prosecute | Pearson did not file materials or respond to court orders (no active argument presented) | Court has authority to dismiss for noncompliance and lack of prosecution | Case recommended dismissed without prejudice under Fed. R. Civ. P. 41 for failure to prosecute |
Key Cases Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (1962) (court has inherent authority to dismiss actions for failure to prosecute)
- Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (2005) (district court need not conduct de novo review absent timely objections to magistrate judge report)
- Thomas v. Arn, 474 U.S. 140 (1985) (failure to timely object to a report and recommendation waives right to appeal)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (procedural safeguards regarding objections to magistrate recommendations)
- United States v. Schronce, 727 F.2d 91 (4th Cir. 1984) (standards for appellate review when objections to magistrate reports are not filed)
