Reported / Citable
Background
Jerramy Reed, an inmate at the Estelle Unit proceeding without counsel, brought a civil-rights action under 42 U.S.C. § 1983 against Sgt. Manning and other defendants.
The case was referred to U.S. Magistrate Judge Christine L. Stetson. The magistrate judge recommended dismissal without prejudice because Reed did not file an amended complaint as ordered. No party filed objections to the report and recommendation. Reed had sought more time to object, but the requested period elapsed without objections.
The Court’s Holding
District Judge Marcia A. Crone adopted the magistrate judge’s report and recommendation, finding its factual findings and legal conclusions correct after reviewing the record, pleadings, and available evidence.
The court dismissed the action without prejudice for want of prosecution based on Reed’s failure to submit the ordered amended complaint. It denied Reed’s motion for an extension of time to object as moot.
The dismissal permits Reed to seek reinstatement of the case by filing a motion to reinstate within 30 days of the order’s date.
Key Takeaways
- A plaintiff’s failure to file an amended complaint as ordered can support dismissal for want of prosecution.
- The court adopted an unopposed magistrate judge’s recommendation after reviewing the record.
- The dismissal was without prejudice and included a 30-day opportunity to move for reinstatement.
Why It Matters
The order illustrates the procedural consequences of failing to comply with a court-directed pleading amendment, including in pro se prisoner civil-rights litigation. Although Reed’s case was dismissed, the court preserved a short route to restoration of the action through a timely motion to reinstate.