Summary
The document contains findings and recommendations by a United States magistrate judge recommending dismissal without prejudice of Alana Dunn’s action against Quality Furniture. The recommendation is based on Dunn’s failure to pay the filing fee, submit a proper in forma pauperis application, comply with a court order, and prosecute the action.
Holdings
- A district court may dismiss an action, including without prejudice, when a party fails to prosecute, obey a court order, or comply with applicable local rules, pursuant to the court's inherent authority to control its docket and Local Rule 110.
- A civil action may not proceed unless the plaintiff submits the filing fee or a proper application to proceed in forma pauperis.
Questions Presented
- Whether the action should be dismissed without prejudice because Plaintiff failed to obey the court's order requiring payment of the filing fee or submission of a proper in forma pauperis application.
- Whether Plaintiff's failure to comply with the court's order and failure to prosecute warranted dismissal under the court's inherent docket-management authority and applicable local rules.
Disposition
other
Cases Cited (8)
- Thompson v. Hous. Auth., 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Serv., 833 F.2d 128, 130-33 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
- In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (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.
Court Document
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