Emerson Robert Gaitan v. Macomber et al.

Summary

The United States Magistrate Judge recommends that Emerson Robert Gaitan’s 42 U.S.C. § 1983 action against Macomber and other defendants be dismissed without prejudice. The recommendation is based on Plaintiff’s failure to comply with orders concerning his application to proceed in forma pauperis and his failure to prosecute the action. The document applies Federal Rule of Civil Procedure 41(b), Eastern District of California Local Rule 110, and the Ninth Circuit’s dismissal-factor test.

Holdings

1. A court may involuntarily dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 when a plaintiff repeatedly fails to obey court orders and prosecute the action, and the applicable dismissal factors support that sanction.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Eastern District of California Local Rule 110 because Plaintiff failed to comply with court orders.
2. Whether the five Henderson factors support involuntary dismissal for failure to prosecute and failure to obey court orders.

Disposition

other