Hoga v. Hoga
Filing
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ORDER - This case is dismissed, without prejudice, and the Clerk ofthe Court shall enter judgment accordingly. See document for complete details. Signed by Senior Judge James A Teilborg on 8/9/2018. (ATD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Shawn Michael Hoga,
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Plaintiff,
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ORDER
v.
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No. CV-18-01119-PHX-JAT
Shawn Michael Hoga,
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Defendant.
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On July 18, 2018, this Court ordered Plaintiff to show cause by July 27, 2018 why
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this case should not be dismissed for failure to serve. (Doc. 7). Plaintiff did not respond
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to the Court’s show cause order.
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undeliverable. (Doc. 8).
Further, Plaintiff’s mail is being returned as
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The Court finds Plaintiff’s failure to respond to the Court’s show cause order and
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failure to keep his address current to be a failure to prosecute his case. See Fed. R. Civ.
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P. 41(b). Given that the Court cannot contact Plaintiff, the only available remedy is to
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dismiss Plaintiff’s case.
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Before dismissing an action for lack of prosecution, the Court must weigh several
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factors: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s
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need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public
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policy favoring disposition of cases on their merits and (5) the availability of less drastic
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sanctions.” Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). Here, factors one
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and two favor dismissal. Factor two further favors dismissal because it is Plaintiff’s
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obligation to keep his address current. Carey v. King, 856 F.2d 1439, 1440 -1441 (9th
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Cir. 1988). Factor four does not favor dismissal. Factor three is neutral because Plaintiff
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appears to be suing himself. Factor five favors the less drastic sanction of dismissal
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without prejudice. Having weighed the factors, the Court will dismiss without prejudice.
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Therefore,
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IT IS ORDERED that this case is dismissed, without prejudice, and the Clerk of
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the Court shall enter judgment accordingly.
Dated this 9th day of August, 2018.
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