From Casetext: Smarter Legal Research

Potter v. Butler

United States District Court, D. New Mexico
Mar 31, 2009
CIV 08-1004 MV/KBM (D.N.M. Mar. 31, 2009)

Opinion

CIV 08-1004 MV/KBM.

March 31, 2009

Plaintiff/Appellant Jeffery Potter, Pro Se, Attorneys for Appellee Gonzales:, David T. Thuma, Robert H. Jacobvitz, Thomas D. Walker.

Appellee Mariana Danilovic, Pro Se.

Appellee Martin S. Friedlander, Pro Se.


ORDER OF DISMISSAL


THIS MATTER is before the Court sua sponte to consider Appellant's failure to respond to the Court's order to show cause why this case should not be dismissed for lack of prosecution. See Doc. 5. Because Appellant has not responded, I find a manifest lack of interest in litigating his claims.

As previously noted, the Court has the inherent power to impose a variety of sanctions on litigants in order to, among other things, regulate its docket and promote judicial efficiency. Martinez v. Internal Revenue Service, 744 F.2d 71, 73 (10th Cir. 1984). One such sanction within the discretion of the Court is to dismiss an action for want of prosecution. E.g., Nat'l Hockey League v. Metro. Hockey Club, Inc., 427 U.S. 639, 642-43 (1976); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962); see also Costello v. United States, 365 U.S. 265, 286-87 (1961) (district court may dismiss sua sponte for failure to comply with order of court); United States ex rel. Jimenez v. Health Net, Inc., 400 F.3d 853, 855 ("dismissal is an appropriate disposition against a party who disregards court orders and fails to proceed as required by court rules.").

Wherefore,

IT IS HEREBY ORDERED that this Bankruptcy appeal is hereby DISMISSED.


Summaries of

Potter v. Butler

United States District Court, D. New Mexico
Mar 31, 2009
CIV 08-1004 MV/KBM (D.N.M. Mar. 31, 2009)
Case details for

Potter v. Butler

Case Details

Full title:JEFFERY W. POTTER, Appellant, v. LINDA BUTLER, et al., Appellees

Court:United States District Court, D. New Mexico

Date published: Mar 31, 2009

Citations

CIV 08-1004 MV/KBM (D.N.M. Mar. 31, 2009)