Summary
The United States District Court for the Eastern District of California recommends dismissing Travis Smith’s action against Sacramento County and related defendants without prejudice for failure to prosecute and failure to comply with court orders. The recommendation follows plaintiff’s failure to oppose or respond to defendants’ motion to dismiss and to comply with an order to show cause. The court also recommends denying the motion to dismiss as moot and closing the case.
Holdings
- A court may dismiss an action when a plaintiff fails to prosecute, fails to obey a court order, or fails to comply with local rules, and the applicable factors supported dismissal without prejudice here.
- Defendants' motion to dismiss should be denied as moot because the action should instead be dismissed without prejudice for plaintiff's noncompliance.
Questions Presented
- Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.
- Whether the action should be dismissed for plaintiff's failure to comply with the court's order.
- Whether defendants' pending motion to dismiss should be denied as moot following the recommended dismissal.
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, 1260-61 (9th Cir. 1992)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- Malone v. U.S. 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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