Summary
A United States magistrate judge recommends dismissing the action without prejudice because the plaintiff failed to prosecute, comply with court orders, and respond to an order to show cause. The recommendation applies the Ninth Circuit’s factors governing dismissal for failure to prosecute and failure to obey court orders, and directs the Clerk of Court to close the case.
Holdings
- A federal court may dismiss an action for failure to prosecute, failure to obey a court order, or failure to comply with local rules under its inherent power to control its docket and impose sanctions.
- Dismissal without prejudice was warranted because plaintiff repeatedly failed to comply with court orders despite an express warning, and the relevant dismissal factors favored dismissal.
Questions Presented
- Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.
- Whether the action should be dismissed without prejudice for plaintiff's failure to comply with court orders.
- Whether the Ferdik factors and the availability of less drastic alternatives supported dismissal.
Disposition
other
Cases Cited (8)
- Bautista v. Los Angeles Cnty., 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 Serv., 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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