Summary
The court recommends dismissal without prejudice of Elijah Lee Jackson’s action against Mike for failure to prosecute and failure to comply with court orders requiring submission of USM-285 forms and a response to an order to show cause. The recommendation is based on the plaintiff’s failure to respond despite warnings that noncompliance could result in dismissal.
Holdings
- A court may dismiss an action for failure to prosecute, failure to obey a court order, or failure to comply with local rules under its inherent docket-management authority and applicable local rules.
- Dismissal without prejudice was warranted because plaintiff failed to respond to court orders, the relevant factors favored dismissal, and plaintiff had adequate warning of the consequence.
Questions Presented
- Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.
- Whether the action should be dismissed without prejudice for plaintiff's failure to comply with court orders requiring submission of service forms.
Disposition
other
Cases Cited (8)
- Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130, 132-33 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998)(followed)
- Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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