Reyes v. Dart

Dist. Ct. erred in dismissing for want of prosecution plaintiff-prisoner’s lawsuit alleging that defendants-prison officials failed to protect him from physical attack by other prisoners, where defendants filed motion to dismiss to address plaintiff’s refusal to sign medical release that would have allowed defendants unlimited access and use of all of plaintiff’s medical records, regardless of whether said records pertained to injuries sustained in instant attack. Dist. Ct. could not use Rule 41(b) to support instant dismissal, since plaintiff had not failed to comply with any rule or court order, and since defendants, if anything, should have filed motion to compel to address medical release issue. Moreover, defendants’ demand for instant unlimited access and use of plaintiff’s medical records was improper.