Noe C. Villarreal v. Superior Court Merced Co., et al.

Summary

The United States District Court for the Eastern District of California recommends dismissal without prejudice of Noe C. Villarreal’s pro se § 1983 action for failure to obey court orders and failure to prosecute. The recommendation relies on Federal Rule of Civil Procedure 41(b), Eastern District Local Rules 110, 182(f), and 183(b), and the Malone factors; objections were due within fourteen days.

Holdings

1. Dismissal without prejudice was recommended because Plaintiff failed to comply with repeated orders to amend and to respond to the order to show cause, and failed to prosecute the action.
2. The five Malone factors supported dismissal without prejudice.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and applicable local rules because Plaintiff failed to obey court orders.
2. Whether dismissal was warranted for failure to prosecute after Plaintiff failed to participate in the action and failed to maintain a current address with the court.
3. Whether the five Malone factors supported dismissal and whether a less drastic sanction was available.

Disposition

other