Pettway v. Sabic Innovative Plastics US LLC (MAG+)
2:20-cv-00897
M.D. Ala.Feb 25, 2022Background
- Pro se plaintiff Ronnie James Pettway, Jr. filed suit on November 4, 2020.
- Defendant Sabic Innovative Plastics US LLC moved to dismiss the complaint.
- The magistrate judge ordered Pettway to show cause and respond by February 22, 2022, warning noncompliance could lead to dismissal.
- Pettway did not respond, seek an extension, or otherwise comply with the order.
- The magistrate invoked the court's inherent authority and Federal Rule of Civil Procedure 41(b) to address failure to prosecute and noncompliance.
- The magistrate recommended dismissal without prejudice and set a March 14, 2022 deadline for objections, warning of waiver consequences for failure to object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal is warranted for failure to comply with the court's show-cause order | No response / no argument (Pettway failed to respond) | Move to dismiss based on noncompliance and failure to prosecute (Sabic) | Dismissal without prejudice recommended under court's inherent power and Rule 41(b) |
| Whether dismissal should be with prejudice | Not asserted | Sought dismissal (procedural relief) | Magistrate recommends dismissal without prejudice rather than with prejudice |
| Effect of failing to object to the recommendation | N/A | N/A | Failure to object by deadline waives de novo review and appellate challenge except for plain error |
Key Cases Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (U.S. 1962) (recognizing a federal court's authority to dismiss for failure to prosecute)
- Kilgo v. Ricks, 983 F.2d 189 (11th Cir. 1993) (discussing dismissal under Rule 41(b))
- Jones v. Graham, 709 F.2d 1457 (11th Cir. 1983) (inherent power to enforce orders and manage docket)
- Mingo v. Sugar Cane Growers Co-Op of Fla., 864 F.2d 101 (11th Cir. 1989) (district court's power to police its docket)
- Moon v. Newsome, 863 F.2d 835 (11th Cir. 1989) (dismissal is appropriate where litigant disregards a warned court order)
- Brown v. Tallahassee Police Dep’t, [citation="205 F. App'x 802"] (11th Cir. 2006) (upholding dismissal without prejudice for failure to prosecute)
- Coleman v. St. Lucie Cnty. Jail, [citation="433 F. App'x 716"] (11th Cir. 2011) (upholding dismissal where plaintiff failed to comply with court order)
- Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993) (objections required to preserve de novo review)
- Henley v. Johnson, 885 F.2d 790 (11th Cir. 1989) (procedural waiver principles for failure to object)