Summary
The document contains findings and recommendations in a prisoner civil-rights action brought by Marquise Louis Drumwright against Jones and other defendants. The magistrate judge recommends dismissal without prejudice for failure to prosecute and failure to obey a court order after mail was returned as undeliverable and the plaintiff failed to update his address or respond.
Holdings
- A district court may dismiss an action, including without prejudice, when a plaintiff fails to prosecute, fails to obey a court order, or fails to comply with applicable local rules, after considering the governing dismissal factors and available sanctions.
- Dismissal without prejudice was the appropriate recommended sanction because Plaintiff's failure to prosecute and inability to be contacted left no reasonable lesser sanction that would protect the court's resources.
Questions Presented
- Whether Plaintiff's failure to update his address and respond to the court's order warranted dismissal for failure to prosecute and failure to obey a court order.
- Whether the five-factor dismissal analysis and the availability of less drastic sanctions supported dismissal without prejudice.
Disposition
other
Cases Cited (12)
- 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, 1260-62 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Serv., 833 F.2d 128, 130-33 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1423-24 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (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) Products Liability Litigation, 460 F.3d 1217, 1228-29 (9th Cir. 2006)(followed)
- Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)(followed)
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