Summary
The United States District Court for the District of Nevada dismissed Justin C. Waters’s 42 U.S.C. § 1983 action without prejudice. The court found that Waters failed to file a signed complaint and address the filing fee or proceed in forma pauperis as required by a prior order, and directed the Clerk to close the case.
Holdings
- A district court may dismiss an action when a party fails to obey a court order or comply with applicable court rules, after considering the relevant dismissal factors.
- The public interest in expeditious resolution, the court's need to manage its docket, the risk of prejudice to defendants, and the availability of meaningful lesser sanctions outweighed the policy favoring disposition on the merits; dismissal was therefore warranted.
Questions Presented
- Whether the action should be dismissed without prejudice because plaintiff failed to comply with the court's order requiring a signed complaint and resolution of the filing fee.
Disposition
dismissed
Cases Cited (8)
- Thompson v. Hous. Auth. of City of Los Angeles, 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 Service, 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 West, 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir. 1999)(followed)
- Pagtalunan v. Galaza, 291 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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