Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Unopposed recommendation, N o 34, adopted as supplemented. FED. R. Crv. P. 72(b) (1983 addition to advisory committee notes). In general, dismissal should be a last resort when faced with a party, like Johnson, who isn't cooperating in discovery. Hunt v. City of Minneapolis, Minnesota, 203 F.3d 524 , 527 (8th Cir. 2000). Given the length of time involved here, Johnson's opportunities to cure, and the absence of meaningful alternative san
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Unopposed recommendation, N o 34, adopted as supplemented. FED. R. Crv. P. 72(b) (1983 addition to advisory committee notes). In general, dismissal should be a last resort when faced with a party, like Johnson, who isn't cooperating in discovery. Hunt v. City of Minneapolis, Minnesota, 203 F.3d 524 , 527 (8th Cir. 2000). Given the length of time involved here, Johnson's opportunities to cure, and the absence of meaningful alternative sanc..
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ORDER
D.P. MARSHALL, JR., District Judge.
Unopposed recommendation, No 34, adopted as supplemented. FED. R. Crv. P. 72(b) (1983 addition to advisory committee notes). In general, dismissal should be a last resort when faced with a party, like Johnson, who isn't cooperating in discovery. Hunt v. City of Minneapolis, Minnesota, 203 F.3d 524, 527 (8th Cir. 2000). Given the length of time involved here, Johnson's opportunities to cure, and the absence of meaningful alternative sanctions for an unresponsive prose litigant, dismissal without prejudice is appropriate. Motion, No 33, granted as modified. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
