Frederick S. Cato v. Hernandez, et al.

Summary

The United States District Court for the Eastern District of California recommends dismissing Frederick S. Cato’s 42 U.S.C. § 1983 action without prejudice under Federal Rule of Civil Procedure 41(b) because he failed to oppose defendants’ motion for summary judgment or respond to a court order. The magistrate judge applies the Ninth Circuit’s five-factor failure-to-prosecute test and orders the clerk to randomly assign a district judge.

Holdings

1. The action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because plaintiff failed to participate in the litigation, failed to respond to the motion for summary judgment, and failed to comply with the court's order.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because plaintiff failed to oppose defendants' motion for summary judgment and failed to comply with the court's order requiring a response.
2. Whether the five factors governing dismissal for failure to prosecute favored dismissal in the circumstances presented.

Disposition

other