Anthony Lee Williams v. Trimpey, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Anthony Lee Williams’s 42 U.S.C. § 1983 action without prejudice for failure to prosecute and failure to comply with a court order. The recommendation follows plaintiff’s failure to file an amended complaint after the court found that his original complaint stated no cognizable claims, and it applies the dismissal factors under Federal Rule of Civil Procedure 41(b) and relevant Ninth Circuit precedent.

Holdings

1. The court recommended dismissal without prejudice because plaintiff failed to file an amended complaint or otherwise respond by the court-ordered deadline.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because plaintiff failed to prosecute the action and failed to comply with the court's screening order.
2. Whether dismissal was appropriate after consideration of the five dismissal factors and less drastic alternatives.

Disposition

other