Devon Keith Webb v. UShip and GoDaddy

Summary

The court recommends dismissing plaintiff Devon Keith Webb’s action against UShip and GoDaddy without prejudice for failure to prosecute and failure to comply with court orders. The recommendation applies the factors from Ferdik v. Bonzelet and cites Federal Rule of Civil Procedure 41(b) and Eastern District of California Local Rule 110.

Holdings

1. The five factors governing dismissal for failure to prosecute weighed in favor of dismissal because the action could not proceed without plaintiff's participation; dismissal without prejudice was therefore recommended.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with the court's orders.

Disposition

dismissed