Opinion
C. A. 23-3 Erie
03-19-2024
JESSIE HODGES, Plaintiff, v. NATHAN BURKHART, et al., Defendants.
Richard A. Lanzillo, Magistrate Judge
MEMORANDUM ORDER
Susan Paradise Baxter, District Judge
Plaintiff Jessie Hodges, an adult resident of Erie County, Pennsylvania, initiated this pro se civil rights action on January 6, 2023, by filing a motion to proceed in forma pauperis (“IFP motion”) accompanied by a complaint pursuant to 42 U.S.C. § 1983 against Erie County Probation Officer Nathan Burkhart (“Burkhart”) and Erie City Police Department (“EPD”). Plaintiffs IFP motion was granted by Order dated March 30, 2023 [ECF No. 2], and Plaintiffs complaint was docketed on March 31, 2023 [ECF No. 4]. Liberally construed, the complaint appears to allege claims of false arrest, false imprisonment, due process violations, over-detention, and a Monell claim alleging an illegal policy and practice of issuing a summons without first giving notice to a criminal defendant.
On August 15, 2023, Defendant Burkhart filed a motion to dismiss Plaintiffs complaint for failure to state a claim upon which relief may be granted [ECF No. 12], Thereafter, on September 8, 2023, Defendant EPD filed its own motion to dismiss for failure to state a claim [ECF No. 15], Plaintiff was ordered to file a response to Defendants' motions by October 30, 2023 [ECF No. 19]. Plaintiff was subsequently granted an extension to November 30, 2023, by Order dated October 19, 2023 [ECF No. 22]. No response was filed by this date. Instead, on November 30, 2023, Plaintiff filed a notice of change of address [ECF No. 25], which did not indicate when the change occurred. So, out of an abundance of caution, the Court sent to Plaintiffs updated address a new response order giving Plaintiff until February 9, 2024, to file a response to Defendants' motions [ECF No. 26], Still, Plaintiff did not file a timely response. As a result, the Court issued a show cause order directing Plaintiff to file a response to Defendants' motions by March 18, 2024 or suffer dismissal of this case for failure to prosecute [ECF No. 27]. Nonetheless, Plaintiff has not filed a response, nor has he otherwise communicated with the Court.
AND NOW, this 19th day of March, 2024;
IT IS HEREBY ORDERED that this case is DISMISSED for Plaintiffs failure to prosecute, and Defendants' motions to dismiss [ECF Nos. 12 and 15] are DISMISSED as moot. The Clerk is directed to mark this case CLOSED.