Summary
These Findings and Recommendations recommend dismissal without prejudice of Melissa Ann Strawn's action against Jord Sonneveld for failure to prosecute and failure to comply with the court's order to file an amended complaint. The document applies the Ninth Circuit's five-factor dismissal analysis and advises the parties of the 14-day period for filing objections.
Holdings
- Dismissal without prejudice is appropriate where a plaintiff unreasonably delays the action or fails to comply with an order to file an amended complaint, after consideration of the five dismissal factors.
Questions Presented
- Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with the court's order to file an amended complaint.
- Whether the five-factor test governing dismissal as a sanction supports dismissal in light of Plaintiff's noncompliance.
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, 132-33 & n.1 (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.
Court Document
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