Summary
The United States District Court for the Western District of Washington dismissed Toby Masse’s complaint without prejudice for failure to prosecute. The court found that Masse had not amended his complaint by the deadline after the court identified deficiencies and ordered him to do so, and it cited Federal Rule of Civil Procedure 41(b) and related Ninth Circuit authority.
Holdings
- A district court may dismiss an action sua sponte without prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to prosecute or comply with a court order, including an order requiring amendment of a deficient complaint.
Questions Presented
- Whether the court could dismiss the action sua sponte for failure to prosecute after the plaintiff failed to amend his complaint as ordered.
Disposition
dismissed
Cases Cited (3)
- Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)(followed)
- Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir. 1992)(followed)
- Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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