(DOWNLOAD) "Bolt v. Loy" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Bolt v. Loy
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 13, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
This appeal from the dismissal of a suit because of the plaintiffs failure to meet a deadline presents a new twist on the old problem of dismissal as a sanction for untimely pleadings. The plaintiff filed this suit under 42 U.S.C. sec. 1983 in April of last year in state court, from which the defendants removed the case to federal district court (an odd move, considering that the defendants are an Illinois municipality and its head). The defendants then filed a motion to dismiss the suit for failure to state a claim. Fed. R. Civ. P. 12(b)(6). The plaintiff asked for and received an extension of time until September 15 to respond to the motion. On December 9, the plaintiff having failed to file his response, the defendants asked the judge to set a definite briefing schedule. They noticed the motion for a hearing before him on January 5, and the plaintiff filed his response that day, but it was too late, for on the previous day the judge had dismissed the suit with prejudice because of the plaintiffs failure to file a response. The judge pointed out that the response was nearly three months overdue, and concluded that the plaintiff had abandoned the case, adding: "had plaintiff not intended to respond to defendants motion, he should have submitted a one-page motion to voluntarily dismiss this action." The judge did not address the merits of the defendants Rule 12(b)(6) motion. The plaintiff promptly filed a motion to alter the judgment, pointing out that he had not intended to abandon the case. The judge denied the motion without explanation.