United States Second Circuit
Baptiste v. Sommers, 13-3079
Dismissal of plaintiff's case for failure to prosecute under Federal Rule of Civil Procedure 41(b) is vacated and remanded, where dismissal exceeded the bounds of the district court's discretion because the district court failed to consider or apply any of the five factors relevant to Rule 41(b) dismissal.
Appellate Information
- Decided 09/24/2014
- Published 09/24/2014
Judges
Court
- United States Second Circuit