Plante v. Collett
Docket: Docket No. 00-7879
Court: Court of Appeals for the Second Circuit; July 19, 2001; Federal Appellate Court
The judgment of the District Court is affirmed. Joan Patricia Plante, representing herself, appealed the dismissal of her action due to her failure to file an amended “Notice of Removal” in accordance with 28 U.S.C. 1446 and previous court orders. The dismissal was interpreted as being under Fed. R. Civ. P. 41(b), which permits a district court to dismiss an action for noncompliance with court orders, subject to an abuse of discretion standard. The District Court had provided Plante with two opportunities to amend her filing and had warned her that failure to comply would lead to dismissal. Despite being informed of the deficiencies in her submissions and how to correct them, Plante did not adequately address the issues. Consequently, the court found no abuse of discretion in the dismissal.