Wright v. Board of County Commissioners
1:23-cv-00651-JB-DLM
| D.N.M. | Feb 29, 2024Background
- James Bernard Wright filed a pro se civil complaint in state court while incarcerated at the Metropolitan County Detention Center (MDC) in Bernalillo County, New Mexico.
- The case was removed to the United States District Court for the District of New Mexico by the defendant, the Board of County Commissioners of Bernalillo County.
- The Court referred the case to Magistrate Judge Martínez, and the defendant filed a motion to dismiss.
- Court records indicated Wright was no longer in MDC custody, and he failed to update his address or respond to an Order to Show Cause by the set deadline.
- The Court considered dismissal under Federal Rule of Civil Procedure 41(b) for Wright’s failure to prosecute and comply with court orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether case should be dismissed for failure to prosecute | None (did not respond) | Wright failed to update address or prosecute | Case dismissed without prejudice |
| Whether the defendant’s motion to dismiss is moot | N/A | Not specified | Motion to dismiss denied |
Key Cases Cited
- Reed v. Bennett, 312 F.3d 1190 (10th Cir. 2002) (court has discretion to sanction a party for failure to prosecute or comply with rules)
- Rogers v. Andrus Transp. Servs., 502 F.3d 1147 (10th Cir. 2007) (prosecuting one’s claim is fundamental in litigation)
- Olsen v. Mapes, 333 F.3d 1199 (10th Cir. 2003) (Rule 41(b) dismissals can be made sua sponte by the court)
- Davis v. Miller, 571 F.3d 1058 (10th Cir. 2009) (dismissals under Rule 41(b) may be with or without prejudice)
- Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158 (10th Cir. 2007) (criteria for when dismissals with prejudice are appropriate)