Summary
The United States District Court for the Central District of California dismissed Glen Love’s § 1983 action against Inglewood police officer Benjamin Sanza without prejudice for failure to prosecute. The court concluded that Love failed to maintain a current address or respond to orders, and that four of the five applicable Rule 41(b) factors supported dismissal.
Holdings
- A district court may sua sponte dismiss an action for failure to prosecute under Federal Rule of Civil Procedure 41(b).
- Dismissal without prejudice was warranted because four of the five applicable factors supported dismissal: expeditious resolution, docket management, presumed prejudice to Defendant, and the ineffectiveness of less drastic sanctions.
Questions Presented
- Whether the district court should dismiss the action sua sponte for failure to prosecute under Federal Rule of Civil Procedure 41(b) and Local Rule 41-6.
- Whether the relevant dismissal factors supported dismissal without prejudice after Plaintiff failed to maintain a current address and failed to respond to court orders.
Disposition
dismissed
Cases Cited (10)
- Link v. Wabash R.R. Co., 370 U.S. 626, 629–30 (1962)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 642–43 (9th Cir. 2002)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992)(followed)
- Hernandez v. City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998)(followed)
- In re Eisen, 31 F.3d 1447, 1452–53 (9th Cir. 1994)(followed)
- Moore v. Teflon Commc'ns. Corp., 589 F.2d 959, 967–68 (9th Cir. 1978)(followed)
- Laurino v. Syringa Gen. Hosp., 279 F.3d 750, 753 (9th Cir. 2002)(followed)
- Yourish v. California Amplifier, 191 F.3d 983, 991 (9th Cir. 1999)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- Morris v. Morgan Stanley & Co., 942 F.2d 648, 652 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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