Baggage v. Alabama Department of Human Resources
Filing
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MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 1/4/2018. (JLC)
FILED
2018 Jan-04 PM 12:48
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
RENIKA BAGGAGE,
Plaintiff,
v.
ALABAMA DEPARTMENT OF
HUMAN RESOURCES,
Defendant.
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) Case No.: 1:17-CV-1740-VEH
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MEMORANDUM OPINION
I.
INTRODUCTION AND PROCEDURAL HISTORY
Plaintiff Renika Baggage initiated this lawsuit on October 12, 2017, against
Defendant Alabama Department of Human Resources, alleging employment
discrimination. (Doc. 1). Baggage is proceeding pro se and in forma pauperis. (Doc.
1); (Doc. 3).
Baggage perfected service on the Alabama Department of Human Resources
on November 2, 2017. (Doc. 6). However, as this Court’s Order To Show Cause
notes, the Alabama Department of Human Resources never answered, and Baggage
never applied for an entry of default. (Doc. 7). The Court ordered Baggage to show
cause, by December 22, 2017, why this action should not be dismissed for a failure
to prosecute. (Id.). The time to respond to the Order To Show Cause has elapsed with
no response from Baggage. Consequently, this action is due to be dismissed without
prejudice sua sponte.
II.
ANALYSIS
As the foregoing procedural history reveals, Baggage ignored a Court order
warning her that her case could be dismissed for failure to prosecute. Case law
reinforces that, as a result of Baggage’s failure to even acknowledge the Court’s
Order or otherwise indicate an intent to pursue claims against the Alabama
Department of Human Resources, the Court possesses the inherent power to dismiss
the action sua sponte. See Link v. Wabash Railroad Co., 370 U.S. 626, 630-31, 82 S.
Ct. 1386, 1389, 8 L. Ed. 2d 734 (1962) (“The authority of a court to dismiss sua
sponte for lack of prosecution has generally been considered an ‘inherent power,’
governed not by rule or statute but by the control necessarily vested in courts to
manage their own affairs so as to achieve the orderly and expeditious disposition of
cases.”); see also Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir. 1985) (“The
court’s power to dismiss is an inherent aspect of its authority to enforce its orders and
insure prompt disposition of lawsuits.” (citing Link, 370 U.S. at 630-31, 82 S. Ct. at
1388-89)); cf. FED. R. CIV. P. 1 (“[These rules] should be construed, administered,
and employed by the court and the parties to secure the just, speedy, and inexpensive
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determination of every action and proceeding.”) (emphasis added).
“While dismissal is an extraordinary remedy, dismissal upon disregard of an
order, especially where the litigant has been forewarned, generally is not an abuse of
discretion.” Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (emphasis added)
(citing State Exchange Bank v. Hartline, 693 F.2d 1350, 1352 (11th Cir. 1982)). Here,
by virtue of the Order To Show Cause, Baggage was put on notice that the Court was
considering whether to dismiss the action for lack of prosecution and, nonetheless,
Baggage entirely ignored that warning.
Guided by the foregoing authorities, the Court concludes that dismissing
Baggage’s action without prejudice is the most appropriate action.
III.
CONCLUSION
By separate order, this case is hereby DISMISSED WITHOUT PREJUDICE
sua sponte due to Baggage’s failure to prosecute.
DONE this 4th day of January, 2018.
VIRGINIA EMERSON HOPKINS
United States District Judge
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