Summary
The document contains Findings and Recommendations by a United States Magistrate Judge recommending dismissal without prejudice of Jonathan Dewitt McDowell’s civil rights action. The recommendation is based on the plaintiff’s failure to obey a screening order, file an amended complaint or notice of voluntary dismissal, or otherwise prosecute the action. The document provides a 14-day period for objections and directs the Clerk to assign a district judge.
Holdings
- The magistrate judge recommended dismissal without prejudice because Plaintiff failed to comply with the screening order, failed to amend or voluntarily dismiss, and failed to notify the court that he wished to proceed on the cognizable claims.
Questions Presented
- Whether the action should be dismissed without prejudice because Plaintiff failed to obey the court's screening order.
- Whether Plaintiff's failure to respond to the screening order constituted failure to prosecute warranting dismissal under the court's inherent docket-management authority.
Disposition
other
Cases Cited (10)
- Thompson v. Housing Auth., City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988)(followed)
- Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002)(followed)
- In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1228 (9th Cir. 2006)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(followed)
- Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
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