From Casetext: Smarter Legal Research

Azubuko v. Bell National Organization

United States Court of Appeals, Third Circuit
Aug 1, 2007
243 F. App'x 728 (3d Cir. 2007)

Summary

affirming dismissal when plaintiff's initial complaint provided neither a basis for the district court to proceed with his case nor for an opposing party to respond to his allegations, and plaintiff failed to comply with the court's explicit order to make his allegations plain by filing an amended complaint

Summary of this case from Taliaferro v. Darby Township Zoning Board

Opinion

No. 07-1687.

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B) or Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6 July 19, 2007.

Filed: August 1, 2007.

On Appeal From the United States District Court For the District of New Jersey (D.C.Civ. No. 05-cv-05647), District Judge: Honorable Robert B. Kugler.

Chukwuma E. Azubuko, Boston, MA, pro se.

BEFORE: BARRY, AMBRO and FISHER, Circuit Judges.


OPINION


This is an appeal from the District Court's dismissal of Chukwuma Azubuko's complaint. For the following reasons, we will dismiss this appeal. See 28 U.S.C. § 1915(e)(2)(B).

On December 1, 2005, Azubuko initiated this action by filing a complaint. On January 10, the District Court issued an order finding the complaint deficient, inter alia, for failure to comply with Federal Rule of Civil Procedure 8(a). The court directed Azubuko to file an amended complaint by January 24 or the matter would be dismissed. On January 18, Azubuko filed a motion for reconsideration of the court's order; he failed, however, to file an amended complaint. On February 9, well after the imposed deadline, the court dismissed the complaint. Azubuko filed a motion for reconsideration which the court denied on July 5, 2006. On January 8, 2007, Azubuko filed a motion to reopen his case under Federal Rule of Civil Procedure 60(b). On February 13, the District Court denied the motion. Azubuko filed a timely notice of appeal from that order.

We review the denial of a Rule 60(b) motion for an abuse of discretion. See Coltec Indus, v. Hobgood, 280 F.3d 262, 269 (3d Cir. 2002). Rule 60(b) "provides for extraordinary relief and may only be invoked upon a showing of exceptional circumstances." Mayberry v. Maroney, 529 F.2d 332, 335 (3d Cir. 1976). The District Court's dismissal of Azubuko's suit was entirely appropriate. A district court has the authority to dismiss a suit sua sponte for failure to prosecute by virtue of its inherent powers and under Federal Rule of Civil Procedure 41(b). See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). Such a dismissal is deemed to be an adjudication on the merits, barring any further action between the parties. See London v. Hunt, 977 F.2d 829, 833 (3d Cir. 1992). Ordinarily a district court is required to consider and balance six factors enumerated in Poulis v. State Farm Fire Casualty Co., 747 F.2d 863 (3d Cir. 1984), when deciding, sua sponte, to use dismissal as a sanction. When a litigant's conduct makes adjudication of the case impossible, however, such balancing under Poulis is unnecessary. See Guyer v. Beard, 907 F.2d 1424, 1429-30 (3d Cir. 1990); see also Spain v. Gallegos, 26 F.3d 439, 454-55 (3d Cir. 1994). We find that this is such a case, as Azubuko's initial filing provided no basis for the district court to proceed with his case nor for an opposing party to respond to his allegations. Azubuko then failed to comply with an explicit order to make his allegations plain by filing an amended complaint. Such facts warranted the sanction of the District Court's dismissal.

In sum, because Azubuko's appeal lacks arguable legal merit, we will dismiss it pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).


Summaries of

Azubuko v. Bell National Organization

United States Court of Appeals, Third Circuit
Aug 1, 2007
243 F. App'x 728 (3d Cir. 2007)

affirming dismissal when plaintiff's initial complaint provided neither a basis for the district court to proceed with his case nor for an opposing party to respond to his allegations, and plaintiff failed to comply with the court's explicit order to make his allegations plain by filing an amended complaint

Summary of this case from Taliaferro v. Darby Township Zoning Board

recognizing that a district court "has the authority to dismiss a suit sua sponte for failure to prosecute by virtue of its inherent powers and Federal Rule of Civil Procedure 41(b)" In Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984), the United States Court of Appeals for the Third Circuit set forth the following six factors that should be considered before dismissing an action for failure to prosecute: the extent of the party's personal responsibility; the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; a history of dilatoriness; whether the conduct of the party or the attorney was willful or in bad faith; the effectiveness of sanctions other than dismissal, which entails an analysis of alternative sanctions; and the meritoriousness of the claim or defense. Poulis, 747 F.2d at 868

Summary of this case from Hunter-El v. Ebbert

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Irby v. Ransom

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Thomas v. Preston

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Gee v. Sabol

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Manuel v. Harry

stating that plaintiff's failure to file an amended complaint prejudices the defendants and compels dismissal

Summary of this case from Jackson v. Herron

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Olszyk v. Malik

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Wilson v. Horowitz

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Shaw v. Superintendent

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Lugo v. Matias

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Gracia v. Steinhart

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Hunter-El v. Ebbert

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Owens v. Care

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Ferrell v. Wetzel

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Zeigler v. Correct Care Sys.

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Mack v. United States

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Funk v. Delbalso

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Griddle v. Rowley

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Green v. Stubbs

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Jordan v. Rowley

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Kinney v. Wetzel

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Santilli v. Stanish

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Altenbach v. Link

stating that plaintiff's failure to file an amended complaint prejudices defendants and compels dismissal

Summary of this case from Bush v. Lackawanna Cnty. Prison
Case details for

Azubuko v. Bell National Organization

Case Details

Full title:Chukwuma E. AZUBUKO, Appellant v. BELL NATIONAL ORGANIZATION; Jaqueline…

Court:United States Court of Appeals, Third Circuit

Date published: Aug 1, 2007

Citations

243 F. App'x 728 (3d Cir. 2007)

Citing Cases

Zomerfeld v. Soc. Sec. Admin.

, the Court of Appeals has frequently sustained such dismissal orders where there has been a pattern of…

Zomerfeld v. Lowes

Moreover, recognizing the broad discretion conferred upon the District Court in making judgments weighing…