Summary
The court recommends dismissing Michael Huntington’s action against Sacramento County without prejudice. The recommendation is based on his failure to prosecute, comply with orders directing him to file an amended complaint, and state a claim. The court also orders that a district judge be assigned and advises the parties of the procedure for filing objections.
Holdings
- A federal court may dismiss an action when a party fails to prosecute, obey a court order, or comply with applicable local rules, including as an exercise of the court's inherent docket-management and sanctioning authority.
- The balance of the Ninth Circuit's five dismissal factors favored dismissal because plaintiff's noncompliance implicated the public interest in expeditious resolution, the court's need to manage its docket, and the risk of prejudice to defendants, while the prior warning satisfied the requirement to consider less drastic alternatives.
Questions Presented
- Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with court orders.
- Whether the court's warning that noncompliance could result in dismissal satisfied the requirement that less drastic alternatives be considered before imposing dismissal.
- Whether the action should also be dismissed for failure to state a claim as set forth in the prior screening order.
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, 1260-61 (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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