Summary
The United States District Court for the District of Nevada dismissed George M. Mattox’s civil-rights action without prejudice after he failed to update his address and either pay the filing fee or submit an application to proceed in forma pauperis. Applying the Ninth Circuit’s dismissal-factor framework, the court directed the Clerk to enter judgment and close the case, while permitting Mattox to pursue his claims in a new action meeting those requirements.
Holdings
- A district court may dismiss an action under its inherent docket-management authority when a party fails to obey a court order or comply with applicable local rules.
- Dismissal was warranted because the public interest in expeditious resolution, the court's need to manage its docket, the presumption of prejudice from unreasonable delay, and the lack of a meaningful lesser alternative outweighed the policy favoring disposition on the merits.
Questions Presented
- Whether the action should be dismissed without prejudice for Mattox's failure to obey the court's order to update his address and either pay the filing fee or seek in forma pauperis status.
- Whether a second deadline or another lesser sanction would constitute a meaningful alternative to 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)
- 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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