Summary
A United States Magistrate Judge recommends dismissing the action without prejudice because the plaintiff repeatedly failed to prosecute the case and comply with court orders, including orders requiring a response to defendants’ motion to compel. The court also recommends denying the motion to compel as moot and closing the case, subject to review by an assigned district judge.
Holdings
- The magistrate judge recommended dismissal without prejudice because plaintiff repeatedly failed to participate in the litigation and failed to comply with orders requiring a response to defendants' motion to compel, despite repeated warnings and extensions.
Questions Presented
- Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute and failure to comply with court orders.
- Whether defendants' motion to compel should be denied as moot after recommending dismissal of the action.
Disposition
dismissed
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. United States Postal Service, 833 F.2d 128, 130 (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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