UNITED STATES OF AMERICA v. AVERY COFFEY (2025)

ORDER

Pending before the Court is Avery Coffey's Motion to Expunge his criminal record. See Mot. Expunge, ECF No. 11. For the reasons set forth herein, the Court will DENY without prejudice Defendant's motion.

On October 4, 2024, Defendant Avery Coffey filed a pro se motion to expunge his criminal record. See id. Mr. Coffey pointed to his acquittal, see J. Acquittal, ECF No. 8, and noted that “clear[ing] [his] name” would allow him “to apply for work.” See Mot. Expunge.

The Court subsequently set a hearing on Mr. Coffey's motion and mailed notice of the hearing to Mr. Coffey's residence. See March 20, 2025 Order, ECF No. 14. “Mr. Coffey failed to appear for the hearing.” Id. The Court continued the hearing to May 19, 2025 and ordered Mr. Coffey to respond and either: (1) schedule an additional hearing; or (2) seek leave for additional time to respond by the May 19, 2025 hearing. See id. Mr. Coffey failed to appear for the May 19, 2025 hearing and never responded to the Court. See May 19, 2025 Min. Order. Counsel from the Federal Public Defender's (FPD) office appeared at the May 19, 2025 hearing on Mr. Coffey's behalf, and requested additional time to contact Mr. Coffey. See Status Report, ECF No. 16. After several attempts, the FPD office was unable to reach Mr. Coffey. See id.

“District Courts have inherent power to dismiss a case sua sponte for․ failure to prosecute or otherwise comply with a court order.” Angellino v. Royal Family Al-Saud, 688 F.3d 771, 775 (D.C. Cir. 2012); see also LCvR 83.23 (“A dismissal for failure to prosecute may be ordered by the Court ․ upon the Court's own motion.”). Mr. Coffey has now twice failed to appear for a hearing on motion. He has not responded to either the Court's or FPD's communications. Thus, the Court will DENY without prejudice Defendant's motion for failure to prosecute.

ZIA M. FARUQUI UNITED STATES MAGISTRATE JUDGE