Rohullah Allahyar v. Damom Momand

Summary

The United States Magistrate Judge recommends dismissing Rohullah Allahyar’s action against Damom Momand for failure to prosecute. The recommendation is based on Plaintiff’s failure to file a complete affidavit supporting his motion to proceed in forma pauperis despite two court orders and opportunities to comply.

Holdings

1. Dismissal is appropriate because Plaintiff repeatedly failed to submit the complete IFP affidavit required by court orders and failed to take the steps necessary to prosecute the action.

Questions Presented

1. Whether the action should be dismissed sua sponte under Federal Rule of Civil Procedure 41(b) for Plaintiff's failure to prosecute and failure to comply with court orders.
2. Whether the Ninth Circuit's five dismissal factors support dismissal after the Court attempted less drastic alternatives.

Disposition

other