Opinion
Case No.: 2:19-cv-01705-JAD-BNW
10-28-2020
Ernest Houston, Plaintiff v. Clark County Ex Rel, et al., Defendants
Order Dismissing Action
Plaintiff Ernest Houston brings this civil-rights case under § 1983 for events he alleges occurred during his incarceration at Stewart and Mojave county jail. On August 11, 2020, the magistrate judge ordered Houston to file an application to proceed in forma pauperis by a non-prisoner within 30 days. The magistrate judge expressly warned him that his failure to timely comply with the order would result in the dismissal of this case. The deadline has passed, and Houston has not filed an application to proceed in forma pauperis by a non-prisoner.
ECF No. 1-1 (complaint).
ECF No. 8 (order).
Id.
District courts have the inherent power to control their dockets and "[i]n the exercise of that power, they may impose sanctions including, where appropriate . . . dismissal" of a case. A court may dismiss an action with prejudice based on a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. In determining whether to dismiss an action for lack of prosecution, failure to obey a court order, or failure to comply with local rules, the court must consider several factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives.
Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).
See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure to comply with local rules).
Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.
I find that the first two factors—the public's interest in expeditiously resolving the litigation and the court's interest in managing the docket—weigh in favor of dismissing this case. The risk-of-prejudice factor also weighs in favor of dismissal because a presumption of injury arises from the occurrence of unreasonable delay in filing a pleading ordered by the court or prosecuting an action. The fourth factor is greatly outweighed by the factors in favor of dismissal, and a court's warning to a party that his failure to obey the court's order will result in dismissal satisfies the consideration-of-alternatives requirement. Houston was warned that his case would be dismissed without prejudice if he failed to update his address within 30 days. So, Houston had adequate warning that his failure to update his address would result in this case's dismissal. /// /// /// /// ///
See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976).
Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424.
ECF No. 4 (order). --------
Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice based on Houston's failure to file an updated address in compliance with this court's August 11, 2020, order; and
The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
Dated: October 28, 2020
/s/_________
U.S. District Judge Jennifer A. Dorsey