Stephen Jones v. Massachusetts Partnership for Correctional Health.

Filing 17

Chief Judge Patti B. Saris: ORDER entered. MEMORANDUM AND ORDER(PSSA, 5)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
NATHAN MARQUIS LEBARON, et al.,
Plaintiffs,
v.
MASSACHUSETTS PARTNERSHIP FOR
CORRECTIONAL HEALTH, et al.,
Defendants.

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Civ. Action No. 17-10323-PBS

MEMORANDUM AND ORDER
June 14, 2017
SARIS, C.D.J.
This civil rights action was initiated two Massachusetts
prisoners and a non-profit corporation (“CFB”).

For the reasons

stated below, this action is dismissed without prejudice.
BACKGROUND
By Memorandum and Order dated March 20, 2017, the Court,
among other things, granted Jones’ Motion to Proceed In Forma
Pauperis and deferred the assessment of the filing fee until the
Court receives a copy of Jones’ certified prison account
statement.

See Docket No. 8.

Summons were issued for service

of the identified defendants and Jones was advised that that he
may elect to have the United States Marshals Service complete
service on his behalf.

Id.

By Memorandum and Order dated May 5, 2017, the Clerk was
directed to terminate Nathan LeBaron and CFB as parties to this
action.

See Docket No. 16.

Jones was granted until May 31,

2017, to submit a certified prison account statement failing
which this action may be dismissed.

Id.

The Court’s records indicate that Jones has not filed a
copy of his prison account statement and the time to do so has
expired.

See Docket.

Additionally, the Clerk contacted the

Boston civil process division of the United States Marshals
Service and was advised that they have not received a request
for service of the summons that were issued on March 20, 2017.
DISCUSSION
It is a long-established principle that this Court has the
authority to dismiss an action sua sponte for a plaintiff's
failure to prosecute his action and his failure to follow the
Court's orders. Fed. R. Civ. P. 41(b).

"[T]he effective

administration of justice requires that trial courts possess the
capability to manage their own affairs." Chamorro v. Puerto
Rican Cars, Inc., 304 F.3d 1, 4 (1st Cir. 2002); accord VázquezRijos v. Anhang, 654 F.3d 122, 127 (1st Cir. 2011) ("to operate
effectively and administer justice properly, courts must have
the leeway 'to establish orderly processes and manage their own
affairs' "). Further, "The authority to order dismissal in
appropriate cases is a necessary component of that capability."
Chamorro v. Puerto Rican Cars, Inc., 304 F.3d at 4.

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To date, Jones was twice advised that upon receipt of his
account statement, the Court would direct the prison treasurer
to withdraw an initial partial payment from his prison account,
followed by payments on a monthly basis, until the $350.00
filing fee was paid for this action.

See Docket Nos. 8, 16.

These Orders afforded Jones notice of the possibility of a
dismissal.

See Malot v. Dorado Beach Cottages Associates, 478

F.3d 40, 44-45 (1st Cir. 2007).
The fact that Jones has not filed his account statement
with the Court suggests that he may have decided not to press
his claim and incur the filing fee payment obligation.

The

action, therefore, will be dismissed without prejudice for
failure to comply with the Court’s orders.
ORDER
Based upon the foregoing, it is hereby Ordered that:
1.

This action is dismissed without prejudice pursuant to

Fed. R. Civ. P. 41(b) for failure to prosecute and comply with
orders of the Court; and
2.

The Clerk shall enter a separate order of dismissal.

SO ORDERED.
/s / Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

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