Adam Randolph Powell v. Jeff Lynch

Powell v. Lynch · United States District Court for the Eastern District of California · October 14, 2025 · No. 2:22-CV-1493-DAD-DMC-P

Summary

These Findings and Recommendations address Plaintiff Adam Randolph Powell’s failure to comply with court orders in his 42 U.S.C. § 1983 action against Jeff Lynch. The magistrate judge recommends dismissal without prejudice for lack of prosecution and failure to comply with court rules and orders, subject to objections within 14 days.

Holdings

  1. Dismissal without prejudice was appropriate because Plaintiff failed to comply with the court's prior orders despite a warning that noncompliance could result in dismissal.

Questions Presented

  1. Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with court rules and orders.
  2. Whether the five-factor dismissal-sanction analysis supports dismissal after Plaintiff failed to comply with the order directing amendment or a motion for leave to amend.

Disposition

other

Cases Cited (6)

  • Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
  • Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987)(followed)
  • Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam)(followed)
  • Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)
  • Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
  • Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

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