Ronald Dean Yandell v. G. Newsome, et al.

Summary

The court recommends dismissing this § 1983 action without prejudice because the incarcerated pro se plaintiff failed to resolve the case’s fee status as ordered. The findings and recommendations apply the Ninth Circuit’s factors governing dismissal for lack of prosecution and failure to comply with court orders, and advise that objections may be filed within 14 days.

Holdings

1. Dismissal without prejudice was appropriate because Plaintiff failed to resolve the fee status as directed after receiving an express warning that noncompliance could result in dismissal.
2. A warning that the action may be dismissed is a sufficient less drastic alternative before dismissal is recommended.

Questions Presented

1. Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with court rules and the court's order.
2. Whether the five-factor dismissal analysis supported dismissal after Plaintiff failed to resolve the fee status despite a warning that noncompliance could result in dismissal.

Disposition

other