Summary
The United States District Court for the Eastern District of California adopted findings and recommendations recommending dismissal of a pro se prisoner’s civil rights action. The court dismissed the action without prejudice for lack of prosecution and failure to comply with court rules and orders, specifically the failure to pay the filing fee. The court applied the Ninth Circuit’s factors governing dismissal as a sanction and directed the Clerk to enter judgment and close the case.
Holdings
- Dismissal without prejudice was appropriate because four of the five relevant factors favored dismissal: the public interest in expeditious resolution, the court's need to manage its docket, the risk of prejudice to the defendant, and the availability of less drastic alternatives.
Questions Presented
- Whether dismissal without prejudice was an appropriate sanction for the plaintiff's failure to pay the filing fee and comply with court rules and orders.
- Whether the five-factor test governing dismissal as a sanction supported dismissal in the circumstances of this case.
Disposition
dismissed
Cases Cited (9)
- Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
- Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981)(followed)
- Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Stone v. City of Tucson, 249 F.R.D. 326, 327 (D. Ariz. 2008)(followed)
- Yourish v. California Amplifier, 191 F.3d 983, 990 (9th Cir. 1999)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 131-133 (9th Cir. 1987)(followed)
- Hernandez v. City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998)(followed)
- Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir. 1992)(followed)
- Ghazali v. Moran, 36 F.3d 52, 53 (9th Cir. 1994)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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