(DOWNLOAD) "Briscoe v. Klaus" by United States Court of Appeals for the Eighth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Briscoe v. Klaus
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 06, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Orland Briscoe appeals the District Courts decision to dismiss his case for failure to prosecute and comply with its orders pursuant to Federal Rule of Civil Procedure 41(b). Briscoes complaint alleged that several prison officials at the State Correctional Institution at Camp Hill ("SCI-Camp Hill") and the State Correctional Institution at Pittsburgh ("SCI-Pittsburgh") violated his constitutional rights under the Eighth and Fourteenth Amendments. After prison officials notified the District Court that Briscoe refused to be transported to the final pretrial conference, the District Court cancelled the pretrial conference, and two days later, it dismissed Briscoes case. We hold that the District Court abused its discretion in dismissing Briscoes case sua sponte without providing him with a full and fair opportunity to be heard regarding the reason he failed to attend the pretrial conference. For the following reasons, we will vacate the District Courts order and remand the case to the District Court for proceedings consistent with this opinion.
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