Bobby Lynn v. John Tucci

DLD-179 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 09-3930
___________
BOBBY L. LYNN
v.
POLICE OFFICER JOHN TUCCI, LOWER MERION POLICE DEPARTMENT;
POLICE OFFICER CAMERON PARKER, PA. 0461400, EMPLOYED AT
LOWER MERION TOWNSHIP POLICE DEPARTMENT;
LOWER MERION POLICE DEPARTMENT
Bobby Lee Lynn,
Appellant
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civ. No. 08-cv-01759)
District Judge: Honorable Joel H. Slomsky
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 29, 2010
Before: FUENTES, JORDAN and HARDIMAN, Circuit Judges
(Opinion filed: May 11, 2010)
_________
OPINION
_________
PER CURIAM.
Bobby Lee Lynn appeals the District Court’s dismissal of his suit with prejudice
for failure to comply with a court order. For the reasons that follow, we will vacate the
order of dismissal and remand for further proceedings.
I.
Lynn, a Pennsylvania inmate, commenced this action in April 2008 by filing an
application for leave to proceed in forma pauperis (IFP). As the District Court noted in
an order dismissing the IFP application without prejudice, Lynn apparently “seeks to
proceed [IFP] with a civil rights action against several police officers employed by the
Lower Merion Township Police Department. Specifically [Lynn] complains that he was
illegally arrested on December 24, 2007.” 8/14/08 Memorandum Order at 1 (docket # 7).
After Lynn expressed a desire to proceed with the action, the District Court
granted leave to proceed IFP. The District Court thereafter entered an order directing
Lynn to file a Complaint. The District Court found that Lynn’s submissions on file with
the court did not constitute a formal Complaint, and that Lynn must file a Complaint “to
properly and correctly institute this civil action.” 2/20/09 Order at 1 (docket # 13).
On September 9, 2009, the District Court entered a summary order dismissing the
action sua sponte and with prejudice, noting that Lynn had failed to file a Complaint as
required by the court’s order. Lynn timely filed this appeal.
II.
Lynn has been granted leave to proceed IFP on appeal. We have appellate
2
jurisdiction under 28 U.S.C. § 1291. The dismissal of Lynn’s suit for failure to comply a
court order is reviewed for abuse of discretion. See Guyer v. Beard, 907 F.2d 1424, 1429
(3d Cir. 1990). The parties were advised that this Court might take summary action on
appeal, and they were afforded an opportunity to respond. See 3d Cir. L.A.R. 24.7; I.O.P.
10.6. Summary action is appropriate when “no substantial question is presented.” Id.
We conclude that the District Court abused its discretion by dismissing Lynn’s suit
without addressing the factors set forth in Poulis v. State Farm Fire and Casualty Co., 747
F.2d 863, 868 (3d Cir.1984). A district court has authority to dismiss an action sua sponte
if a litigant fails to prosecute or to comply with a court order. Fed. R. Civ. P. 41(b); see
also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962). But a district court must
first consider the six “Poulis factors” before so dismissing the action. United States v.
$8,221,877.16 in U.S. Currency, 330 F.3d 141, 161 (3d Cir. 2003). Those factors are:
“(1) the extent of the party’s personal responsibility; (2) the prejudice to the adversary
caused by the failure to meet scheduling orders and respond to discovery; (3) a history of
dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad
faith; (5) the effectiveness of sanctions other than dismissal, which entails an analysis of
alternative sanctions; and (6) the meritoriousness of the claim or defense.” Poulis, 747
F.2d at 868. A sua sponte dismissal under Rule 41(b) is considered “extreme” and “must
be a sanction of last, not first, resort.” Poulis, 747 F.2d at 867-69. Only in rare
circumstances, such as those demonstrating “contumacious” conduct, may a district court
3
dispense with the Poulis factors altogether. Guyer, 907 F.2d at 1429-30; see Spain v.
Gallegos, 26 F.3d 439, 454-55 (3d Cir. 1994).
Here, the District Court dismissed Lynn’s suit with prejudice without mentioning,
much less considering, the Poulis factors, and it did not consider whether a lesser sanction
would better serve the interests of justice. See Guyer, 907 F.2d at 1429-30. The District
Court also failed to afford Lynn an opportunity to explain his failure to comply with the
order requiring that he file a more formal complaint. See Ali v. Sims, 788 F.2d 954, 958
(3d Cir. 1986) (district court finding that party had “brazenly ignored” order was
insufficient to justify dismissal of the action).
III.
For the foregoing reasons, we will summarily vacate the District Court’s
September 9, 2009, order and remand this matter for further proceedings consistent with
this opinion.
4