Rule v. Peters - United States Court of Appeals for the Seventh Circuit

Rule v. Peters

By United States Court of Appeals for the Seventh Circuit

  • Release Date - Published: 1992-02-18
  • Book Genre: Law
  • Author: United States Court of Appeals for the Seventh Circuit
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Rule v. Peters United States Court of Appeals for the Seventh Circuit read online review & book description:

Johnny Rule, an Illinois prisoner, appeals from the district courts sua sponte dismissal of his civil rights action for failing to respond to the defendants Rule 12(b)(6) motion. See Chambers v. Nasco, Inc., 111 S. Ct. 2123, 2132 (1991) (a federal court has the inherent power to dismiss an action sua sponte for failure to prosecute) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)). Such a dismissal is proper when there is "a clear record of delay or contumacious conduct," Daniels v. Brennan, 887 F.2d 783, 785 (7th Cir. 1989) (quoting 3 Penny Theaters Corp. v. Plitt Theatres, Inc., 812 F.2d 337, 339 (7th Cir. 1987), and is subject to review for an abuse of discretion, id. (citing Link, 370 U.S. at 633). The dismissal is upheld unless it is clear that no reasonable person could agree with the district courts assessment of the issue. Id. (citing 3 Penny Theater Corp., 812 F.2d at 339).

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