Summary
The court recommends dismissal without prejudice of Mario Sanchez’s action for failure to prosecute, failure to comply with court orders, and failure to state a claim. The recommendation follows plaintiff’s failure to file an amended complaint or respond to an order to show cause despite prior warnings, and it directs the clerk to close the case.
Holdings
- A court may dismiss an action when a party fails to prosecute, obey a court order, or comply with applicable local rules, and the balance of the applicable factors supported dismissal without prejudice here.
Questions Presented
- Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute and failure to comply with orders requiring an amended complaint and a response to the order to show cause.
- Whether the balance of the required dismissal factors supports dismissal after plaintiff received an express warning and failed to comply.
Disposition
other
Cases Cited (8)
- Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Malone v. United States Postal Service, 833 F.2d 128, 130, 132-33 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998)(followed)
- Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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