Opinion

Mullins v. Benton County Detention Center

Court
District Court, W.D. Arkansas
Filed
May 7, 2025
Cited by
0 cases
Authority
More cited than 36.2%

stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

How later courts described this case

  • stating that the district court possesses the power to dismiss sua sponte under Rule 41(b)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

SKYLER WILLIAM JAMES EARL MULLINS PLAINTIFF

v. Civil No. 5:25-cv-05044-TLB-MEF

BENTON COUNTY DETENTION CENTER DEFENDANT

REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff

proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and

(3), the Honorable Timothy L. Brooks, United States District Judge, referred this case to the

undersigned for the purpose of making a Report and Recommendation. The case is before the

Court on Plaintiff’s failure to obey the Court’s Orders.

I. DISCUSSION

Plaintiff initiated this action by filing his Complaint on February 27, 2025. (ECF No. 1).

When he filed his Complaint, Plaintiff was incarcerated in the Omega Technical Violator Center,

a unit of the Arkansas Division of Community Correction. (Id. at 1-2). That same day, an Order

was entered directing Plaintiff to file an Amended Complaint. (ECF No. 3). The amended

complaint was due by March 20, 2025.

Plaintiff did not file an amended complaint. To ensure procedural fairness and to give

Plaintiff one more opportunity to comply with the Court’s Order, a Show Cause Order was entered

on March 21, 2025. (ECF No. 7). Plaintiff was given until April 11, 2025, to respond to the

Show Cause Order. (Id.). If he failed to respond by the deadline, Plaintiff was advised the case

“shall be subject to dismissal.” (Id.).

Thereafter, the Court received returned mail with a notation that Plaintiff was no longer

incarcerated in the Omega Technical Violator Center. (ECF Nos. 8-9). The mail returned

included the Show Cause Order. (ECF No. 9). The returned mail was re-sent to an address

contained on the return envelope, Safe Harbor, in Little Rock. (Id.). On April 14, 2025, due to

his change of address, Plaintiff was given an extension of time to file his amended complaint or to

respond to the Show Cause Order. (ECF No. 11). Plaintiff’s response was due by May 2, 2025.

Plaintiff was advised that “[f]ailure to comply with this Order shall result in the dismissal of this

case.” (Id.).

Plaintiff has not responded to the Show Cause Order. He has not filed an amended

complaint. He has not requested an extension of time to respond. No re-sent mail has been

returned as undeliverable. Plaintiff has failed to comply with the Court’s Orders. (ECF Nos. 3,

7, 11). In each Order, Plaintiff was advised that failure to respond would result in the dismissal

of the case. The last documents filed by Plaintiff in this were his Complaint and IFP application.

The Federal Rules of Civil Procedure specifically contemplate dismissal of a case on the

ground that the plaintiff failed to prosecute or failed to comply with an order of the court. Fed.

R. Civ. P. 41(b); Line v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (stating that the district

court possesses the power to dismiss sua sponte under Rule 41(b)). Pursuant to Rule 41(b), a

district court has the power to dismiss an action based on “the plaintiff’s failure to comply with

any court order.” Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (emphasis added).

Additionally, Rule 5.5(c)(2) of the Local Rules for the Eastern and Western Districts of Arkansas

requires parties appearing pro se to monitor the case, and to prosecute or defend the action

diligently.

II. CONCLUSION

For these reasons, it is RECOMMENDED that this case be DISMISSED WITHOUT

PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Rule 5.5(c)(2)

of the Local Rules for the Eastern and Western Districts of Arkansas.

The parties have fourteen (14) days from receipt of the Report and Recommendation

in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file

timely objections may result in waiver of the right to appeal questions of fact. The parties

are reminded that objections must be both timely and specific to trigger de novo review by

the district court.

Status of Referral: The referral terminates upon the filing of this Report and

Recommendation.

DATED this 7th day of May 2025.

/s/

HON. MARK E. FORD

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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