Pinson v. Grimes


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Docket Number: 2009-CP-01306-COA

Court of Appeals: Opinion Link
Opinion Date: 08-24-2010
Opinion Author: Griffis, J.
Holding: Affirmed.

Additional Case Information: Topic: Personal injury - Dismissal for want of prosecution - M.R.C.P. 41(d)(1)
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - PERSONAL INJURY; Dismissal

Trial Court: Date of Trial Judgment: 04-29-2009
Appealed from: Lauderdale County Circuit Court
Judge: Robert Bailey
Disposition: CASE DISMISSED FOR WANT OF PROSECUTION
Case Number: 07-CV-121(B)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Ruben Pinson




PRO SE



 

Appellee: Bart Grimes, Wendell K. Banks, Robert Grubb, Willie Ruffin, Shirley Enterkin, Gail Haygood, Joyce Graham, Faye Noel, Christy Covert and Merrian Carmichael LEE THAGGARD, OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP  
Appellee #2:  

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Topic: Personal injury - Dismissal for want of prosecution - M.R.C.P. 41(d)(1)

Summary of the Facts: In 2007, Ruben Pinson filed a motion in the circuit court entitled “Motion for an Order to Show Cause and Temporary Restraining Order.” Pinson claimed that the defendants – various East Mississippi Correctional Facility employees and Faye Noel, Compliance Officer for the Mississippi Department of Corrections – had violated his constitutional rights by not allowing Pinson to call witnesses at a disciplinary hearing. In 2009, the circuit clerk filed a motion to dismiss for want of prosecution because there had been no action of record during the preceding twelve months. The motion stated that the case would be dismissed unless, within thirty days, an action of record was taken or written application was made showing good cause as to why the case should not be dismissed. Pinson failed to respond to the motion and the court dismissed the case. Pinson appeals.

Summary of Opinion Analysis: In order for the circuit court to maintain the orderly control of its docket, the circuit clerk is obligated to move for dismissal of a case under M.R.C.P. 41(d)(1) when no action of record has been taken during the preceding twelve months. Here, the circuit clerk followed Rule 41(d) because no action had been taken between October 12, 2007, and March 30, 2009. Pinson’s only argument related to this issue is that the prison mailbox rule allowed him to file a response to the clerk’s motion to dismiss as late as April 29, 2009. The prison mailbox rule notwithstanding, Pinson failed to respond to the clerk’s motion in any way. Because he failed to respond, the circuit court dismissed the case without prejudice. This was not an abuse of discretion.


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