Ricardo Jose Calderon Lopez v. Doe Viramontes, et al.

Summary

The United States District Court for the Central District of California dismissed Ricardo Jose Calderon Lopez’s action without prejudice. The court found that he failed to comply with an order requiring corrected filings and dismissed the case for failure to prosecute and failure to comply with a court order.

Holdings

1. Dismissal without prejudice was warranted because all five factors—the public interest in expeditious resolution, the court's need to manage its docket, the risk of prejudice to defendants, the policy favoring disposition on the merits, and the availability of less drastic sanctions—favored dismissal.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with a court order.

Disposition

dismissed