Tidwell v. JPMorgan Chase Bank, N.A. (In re Prommis Holdings, Inc.)

Case Type:
Case Status:
15-4097 (3rd Circuit, Dec 20,2016) Not Published

District Court properly dismissed appellant-pro se litigant's appeal for lack of prosecution based on the six-factor test under Poulis v State Farm, 747 F.2d 863 (3d Cir. 1984).  Although appellant's failure was not willful or in bad faith, other five Poulis factors favored dismissal: 1) he was personally responsible as a pro se litigant; 2) appellees were prejudiced by 4 month failure and costs of filing motion; 3) appellant had a history of dilatoriness; 4) monetary sanctions not an effective alternative due to poverty, and 5) merits of case weighed against appellant.

Procedural context:

Appellant-pro se litigant commenced an adversary proceeding, which the bankruptcy court dismissed for lack of jurisdiction.  Appellant timely appealed to the District Court but failed to pay filing fee, obtain a fee waiver, serve statement of issues on appeal or otherwise prosecute the appeal.  Upon motion of appellees, the District ourt dismissed the appeal.


Appellant-pro se litigant filed an adversary proceeding based on foreclosure of his home, seeking damages, restitution and injunctive relief.  After bankruptcy court dismissed for lack of arising under, arising in or related to jurisdiction, appellant appealed to the district court but failed to prosecute due to hospitalization and continuing mental and physical health issues.  During pendency of appeal before Third Circuit, appellant filed for chapter 7.

Ambro, Krause and Nygaard

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