Summary
The United States District Court for the District of Nevada dismissed Eric Garcia’s 42 U.S.C. § 1983 action without prejudice after he failed to pay the filing fee or submit a complete application to proceed in forma pauperis. The court concluded that dismissal was warranted under the applicable factors governing dismissal for failure to comply with a court order and directed the Clerk to close the case.
Holdings
- A district court may dismiss an action as a sanction for a party's failure to obey a court order or comply with applicable court rules.
- Dismissal without prejudice was warranted because the public interest in expeditious resolution, the court's need to manage its docket, the risk of prejudice to defendants, and the inadequacy of less drastic alternatives outweighed the public policy favoring disposition on the merits.
Questions Presented
- Whether the action should be dismissed without prejudice for Plaintiff's failure to comply with the court's order to pay the filing fee or submit a complete application to proceed in forma pauperis.
- Whether the five dismissal factors, including the availability of less drastic alternatives, favored dismissal.
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)
- 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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