Summary
The document contains findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The magistrate judge recommends dismissal without prejudice for failure to obey an order requiring submission of a certified inmate trust account statement or payment of the filing fee, and for failure to prosecute.
Holdings
- A district court may dismiss an action as a sanction for failure to prosecute, failure to obey a court order, or failure to comply with local rules, pursuant to its inherent docket-management power and Local Rule 110.
- The five Ninth Circuit dismissal factors support recommending dismissal without prejudice because Plaintiff failed to comply with the court's order and ceased litigating the action after receiving an explicit dismissal warning.
Questions Presented
- Whether the action should be dismissed without prejudice for Plaintiff's failure to obey the court's order requiring submission of a certified inmate trust account statement or payment of the filing fee.
- Whether dismissal without prejudice is warranted for failure to prosecute under the applicable Ninth Circuit factors.
Disposition
other
Cases Cited (11)
- Thompson v. Hous. Auth., 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir. 1995)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61, 1262 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Serv., 833 F.2d 128, 130–33, 132–33 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423–24 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988)(followed)
- Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002)(followed)
- In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1228 (9th Cir. 2006)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014)(followed)
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