Allen Hammler v. Del Pilar, et al.

Summary

The court recommends dismissing Allen Hammler’s 42 U.S.C. § 1983 action without prejudice for failure to obey an order and failure to prosecute. The recommendation follows Plaintiff’s failure to submit an in forma pauperis application or pay the filing fee after being warned that noncompliance could result in dismissal.

Holdings

1. A district court may dismiss an action when a party fails to prosecute, fails to obey a court order, or fails to comply with applicable local rules, subject to consideration of the relevant dismissal factors and less drastic alternatives.
2. Dismissal without prejudice was the appropriate recommended sanction because Plaintiff failed to comply with the order requiring an in forma pauperis application or payment of the filing fee, failed to prosecute the action, and had received adequate warning of the consequences.

Questions Presented

1. Whether the action should be dismissed without prejudice for Plaintiff's failure to obey the court's order requiring payment of the filing fee or submission of an in forma pauperis application.
2. Whether dismissal without prejudice was warranted under the factors governing dismissal for failure to prosecute and failure to comply with a court order.
3. Whether a lesser sanction was adequate under the circumstances.

Disposition

other