Summary
The United States District Court for the District of Nevada dismissed Paxton P. Shanklin’s action without prejudice after he failed to file a complaint and either pay the filing fee or submit a complete in forma pauperis application by the court-ordered deadline. Applying the Ninth Circuit’s factors for dismissal based on failure to obey a court order, the court concluded that dismissal was warranted. The Clerk was directed to enter judgment and close the case.
Holdings
- A district court may dismiss an action when a party fails to obey a court order, and dismissal was warranted here because Shanklin failed to file a complaint and address the filing fee despite the court's order.
Questions Presented
- Whether the action should be dismissed without prejudice because the plaintiff failed to comply with the court's order to file a complaint and address the filing fee.
- Whether meaningful alternatives to dismissal were available under the applicable five-factor dismissal analysis.
Disposition
dismissed
Cases Cited (8)
- Thompson v. Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)(followed)
- In re Phenylpropanolamine Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006)(followed)
- Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir. 1999)(followed)
- Pagtalunan v. Galaga, F.3d 639, 643 & n.4 (9th Cir. 2002)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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