Landgren v. Commissioner of Social Security

Landgren · United States District Court for the Eastern District of California · June 17, 2025 · No. 1:23-cv-01347-CDB

Summary

The United States District Court for the Eastern District of California dismissed Andrew Landgren’s Social Security action without prejudice for failure to prosecute and failure to comply with court orders. The court found that Plaintiff failed to file an opening brief and failed to respond to an order to show cause, and directed the Clerk to close the case.

Holdings

  1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) and its inherent docket-management authority when a plaintiff fails to prosecute, fails to comply with a court order, and has been adequately warned that noncompliance may result in dismissal.
  2. The dismissal factors supported dismissal without prejudice because plaintiff's prolonged failure to file the required dispositive brief or respond to the show cause order impeded case progress, burdened docket management, created a presumption of prejudice, and was not overcome by the policy favoring adjudication on the merits.

Questions Presented

  1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because plaintiff failed to prosecute the action and obey the court's orders.
  2. Whether the relevant dismissal factors and the availability of less drastic sanctions supported dismissal.

Disposition

dismissed

Cases Cited (9)

  • Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
  • Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
  • Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987)(followed)
  • Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
  • Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
  • In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226, 1228 (9th Cir. 2006)(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)
  • Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)(followed)

Cited In (0)

No citing cases on record yet.

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