Larry William Cortinas v. Rios, et al.

Summary

Findings and recommendations from the United States District Court for the Eastern District of California recommending dismissal without prejudice of Larry William Cortinas's § 1983 action. The recommendation is based on Plaintiff's failure to pay required filing fees and comply with a court order, constituting lack of prosecution and failure to follow court rules and orders.

Holdings

1. The court recommended dismissal without prejudice because Plaintiff failed to pay the filing fees as directed and failed to comply with court rules and orders.
2. A warning that the action may be dismissed is a less drastic alternative sufficient to satisfy the final factor of the Ninth Circuit's dismissal test.

Questions Presented

1. Whether the action should be dismissed without prejudice for lack of prosecution and failure to comply with the court's order to pay filing fees.
2. Whether the five-factor dismissal analysis was satisfied, including whether the prior warning constituted an adequate less drastic sanction.

Disposition

other