Opinion
Civil 23-00014
07-25-2023
CLIFFORD HACKETT, Plaintiff, v. PUBLIC HEALTH, Defendant.
ORDER
Frances M. Tydingco-Gatewood Chief Judge
This matter is before the court on Plaintiff Clifford Hackett's Complaint, filed May 10, 2023. ECF No. 1. Plaintiff was given the opportunity to amend his Complaint to avoid dismissal. See Order, ECF No. 3. Plaintiff has not filed an amended complaint, and his time to do so has expired. See id.
The court has the inherent power to sua sponte dismiss a case for lack of prosecution. Ash v. Cvetkov, 739 F.2d 493 (9th Cir. 1984). “[T]he district court must weigh the court's need to manage its docket, the public interest in expeditious resolution of litigation, and the risk of prejudice to the defendants against the policy favoring disposition of cases on their merits, and the availability of less drastic sanctions.” Id. (citations omitted).
In order for the court to manage its docket and to reflect the public's interest in the expeditious resolution of litigation, the court finds that dismissal of this case is warranted. The court finds that no less drastic sanction is available, as Plaintiff has not filed an amended complaint and his original complaint was dismissed. For the reasons stated herein, the abovecaptioned matter is DISMISSED.
SO ORDERED.