Justin Mendoza v. James E. Dzurenda, et al.

Summary

The District of Nevada dismissed Justin Mendoza’s action without prejudice after Mendoza failed to file a signed complaint and address the filing fee as required by a prior order. The court also struck Matthew Travis Houston’s filing because Houston was not a party and the filing violated a pre-filing injunction. The case was ordered closed, with leave for Mendoza to pursue the claims in a new action.

Holdings

1. A nonparty's filing may be stricken from the docket when the nonparty is not entitled to relief in the action and the filing violates a pre-filing injunction.
2. A district court may dismiss an action for failure to obey a court order when the applicable dismissal factors favor dismissal, including where the action cannot proceed unless the plaintiff files the required complaint and addresses the filing fee and repeating the ignored order would merely delay resolution and consume judicial resources.

Questions Presented

1. Whether Houston's filing should be stricken because he was no longer a party and the filing violated an applicable pre-filing injunction.
2. Whether Mendoza's action should be dismissed without prejudice for failure to comply with the court's order requiring a signed complaint and payment of the filing fee or submission of an individual in forma pauperis application.

Disposition

dismissed