Prisoner Civil Rights: Wright v. Berbary

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U.S. District Court, Western District of New York

Prisoner Civil Rights

Dismissal — Jailhouse Protest

Wright v. Berbary
05-CV-6723
Judge Larimer

Background: A trial in this pro se civil rights action was scheduled for Nov. 15. Later, the court scheduled a pretrial conference with the plaintiff, who is incarcerated at the Clinton Correctional Facility and the defendants’ attorney, Assistant Attorney General Richard Benitez, on Nov. 5. The court arranged this pretrial conference to be conducted by telephone and made arrangements with officials at the Clinton Correctional Facility for that purpose.
At the appointed hour on Nov. 5, the court’s staff placed a call to the Clinton Correctional Facility and the court was advised at that time that the plaintiff, Jermaine Wright, was advised of the conference but that he refused to attend. The court was advised that Wright was engaging in some type of protest or hunger strike and had been transferred from his cell to the infirmary. The plaintiff indicated he refused to participate at trial either.

Ruling: The defendants’ motion to dismiss is granted with prejudice. The plaintiff has failed to prosecute the action and has failed to comply with the orders of this court concerning the requirements of filing certain documents prior to trial and by refusing to participate in the court ordered pretrial conference. The plaintiff has also neglected or refused to respond to the motion to dismiss and, according to the submissions made by officials at the Clinton Correctional Facility, has indicated that he did not attend to participate in the scheduled trial either.

Jermaine Wright, plaintiff pro se; Tamara B. Christie, assistant New York attorney general, for the defendant