Summary
The document contains findings and recommendations by a United States magistrate judge in a prisoner civil-rights action under 42 U.S.C. § 1983. It recommends dismissal without prejudice because the plaintiff failed to comply with a screening order and failed to prosecute, applying the Ninth Circuit’s dismissal factors.
Holdings
- After weighing the applicable five factors, dismissal without prejudice was appropriate because Plaintiff failed to respond to the screening order despite being warned that noncompliance could result in dismissal.
- The district court's inherent authority to control its docket permits dismissal as a sanction for failure to obey court orders and failure to prosecute.
Questions Presented
- Whether the action should be dismissed without prejudice because Plaintiff failed to comply with the court's screening order.
- Whether dismissal without prejudice was appropriate under the five-factor test governing dismissal for failure to obey court orders and failure to prosecute.
Disposition
other
Cases Cited (7)
- Thompson v. Hous. Auth., City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
- Yourish v. Cal. Amplifier, 191 F.3d 983, 990-91 (9th Cir. 1999)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- In re Phenylpropanolamine Prods. Liab. Litig., 460 F.3d 1217, 1228 (9th Cir. 2006)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
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