Martin Lee Foster v. Littles

Summary

The court recommends dismissal without prejudice of Martin Lee Foster's 42 U.S.C. § 1983 action against Littles for failure to resolve the filing-fee status and comply with court orders. Applying the Ninth Circuit's dismissal factors, the magistrate judge concludes that dismissal for lack of prosecution and failure to comply with court rules and orders is appropriate.

Holdings

1. Dismissal without prejudice was appropriate because Plaintiff failed to resolve the fee status as directed after receiving the order and warning of possible dismissal.

Questions Presented

1. Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with court rules and orders.
2. Whether the five-factor Ninth Circuit test for dismissal as a sanction supports dismissal under the circumstances.

Disposition

other