Prather v. GEO Group
4:11-cv-00199
S.D. Miss.Apr 26, 2012Background
- Prather, an inmate, filed a pro se complaint under 42 U.S.C. § 1983 in this district court.
- The court repeatedly ordered Prather to file a response and provide information about his claims by specific deadlines.
- Prather failed to comply with the January 4, 2012 Order and the subsequent Show Cause Order.
- A Final Order to Show Cause was issued on March 26, 2012; the envelope was returned as undeliverable.
- Prather has not contacted the court since March 1, 2012, and did not comply with the Final Order to Show Cause.
- The court dismissed the action for failure to prosecute and failure to comply with court orders, under Rule 41(b) and the court’s inherent authority, without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for failure to prosecute is proper | Prather's argument not stated in opinion. | Geo Group argues dismissal is proper for noncompliance. | Dismissal affirmed under Rule 41(b) for failure to prosecute. |
| Whether dismissal for failure to comply with orders was proper | Prather's argument not stated in opinion. | Geo Group argues noncompliance warranted dismissal. | Dismissal affirmed for failure to comply with court orders. |
| Whether dismissal should be with or without prejudice | Prather's argument not stated in opinion. | Geo Group contends without prejudice is appropriate because merits were not addressed. | Dismissal without prejudice. |
Key Cases Cited
- Link v. Wabash R.R., 370 U.S. 626 (1962) (court may dismiss for failure to prosecute to prevent undue delays)
- Larson v. Scott, 157 F.3d 1030 (5th Cir. 1998) (sanctions appropriate to control dilatory litigation behavior)
- McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988) (inherent authority to dismiss for failure to prosecute)
- Munday/Elkins Auto. Partners, Ltd. v. Smith, 201 F. App’x 265 (5th Cir. 2006) (affirming dismissal without prejudice for failure to comply with court orders)