Michael Joseph Sanz v. Solano County Sheriff Office, et al.

Summary

The court recommends dismissal without prejudice of Michael Joseph Sanz’s 42 U.S.C. § 1983 action for failure to prosecute and failure to comply with a court order. The recommendation follows plaintiff’s failure to return service documents or respond to an order to show cause, and the matter is submitted to an assigned district judge under 28 U.S.C. § 636(b)(1).

Holdings

1. The magistrate judge recommended dismissal without prejudice because plaintiff failed to return the documents necessary for service and failed to respond to the order to show cause.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with a court order under Federal Rule of Civil Procedure 41(b) and Local Rule 110.
2. Whether the five factors governing dismissal for failure to prosecute supported dismissal despite the public policy favoring adjudication on the merits.

Disposition

other