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BAPTISTE v. SOMMERS

No. 13-3079-cv.

768 F.3d 212 (2014)

Harry R. BAPTISTE, Plaintiff-Appellant, v. Dr. Diane SOMMERS, Clinical Director, Warden at Otisville, FCI New York, Dr. M. White, MD, Orange Regional Medical Staff, Center Director, Defendants-Appellees, John Doe, Jane Doe, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 24, 2014.

Attorney(s) appearing for the Case

Roland G. Ottley , The Ottley Law Firm, PC, Brooklyn, NY, for Plaintiff-Appellant, Harry R. Baptiste.

Tomoko Onozawa , Assistant United States Attorney ( Emily E. Daughtry , Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees, Dr. Diane Sommers and Warden at Otisville, FCI New York.

Rebecca B. Mantello , Catania, Mahon, Milligram, & Rider, PLLC, Newburgh, NY, for Defendants-Appellees, Dr. M. White, MD, and Orange Regional Medical Center Staff, Center Director.

Before: CALABRESI, PARKER, and LYNCH, Circuit Judges.

PER CURIAM:

This case requires us to decide whether a district court may dismiss a case for failure to prosecute after a long and unexplained delay without evaluating all the factors that we have deemed necessary to measure the consequences of such delay. Because district courts must weigh the factors prescribed by our case law, and because the court below failed to do so, we VACATE the district court's judgment dismissing...

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