Polson v. Colvin

Filing 6

ORDER - IT IS ORDERED that Plaintiff's Complaint is hereby DISMISSED without prejudice. The Clerk is kindly directed to terminate this case. (See document for full details). Signed by Magistrate Judge Lawrence O Anderson on 3/27/14. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Shawna L. Polson,
Plaintiff,

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vs.

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Carolyn W. Colvin, Acting
Commissioner of the Social Security
Administration,

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Defendant.

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No. CV-13-8309-PCT-LOA
ORDER

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Pro se Plaintiff commenced this Social Security appeal on December 30, 2013 by
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filing Plaintiff’s Complaint and Motion for Leave to Proceed in forma pauperis. (Docs. 1-2)
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On the same day, the case was randomly assigned to Magistrate Judge Lawrence O.
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Anderson. (Doc. 3) After screening the Complaint pursuant to 28 U.S.C. § 1915(e)(2) on
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January 7, 2014, Judge Anderson ordered Plaintiff to file an Amended Complaint by January
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17, 2014, setting forth the alleged error committed by the ALJ and the reasoning for such
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legal or factual error in accordance with the Court’s Order. (Doc. 4) In Judge Anderson’s
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January 7, 2014 Order, Plaintiff was warned that if she fails to comply with the Court’s
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Order, her appeal may be dismissed. (Doc. 4 at 3)
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On February 3, 2014, Judge Anderson issued an Order to Show Cause due to
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Plaintiff’s failure to comply with the Court’s January 7, 2014 Order to show cause in writing
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on or before 5:00 p.m. on Friday, February 21, 2014 why this social security appeal should
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not be dismissed without prejudice for failing to comply with the Court’s prior orders. To
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date, Plaintiff has not complied with the Court’s orders.

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In his February 3, 2014 Order to Show Cause, doc. 5, Judge Anderson forewarned

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Plaintiff that “[i]t is well established that ‘[d]istrict courts have inherent power to control

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their docket.’” Ready Transportation, Inc., v. AAR Manufacturing, Inc., 627 F.3d 402, 404

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(9th Cir. 2010) (quoting Atchison, Topeka & Santa Fe Ry. v. Hercules, Inc., 146 F.3d 1071,

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1074 (9th Cir. 1998) (alteration in original) (quoting Hernandez v. City of El Monte, 138 F.3d

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393, 398 (9th Cir. 1998)) and that a district court’s inherent power also authorizes it to

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dismiss an entire action to rein in abusive or dilatory conduct. Atchison, 146 F.3d at 1074

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(recognizing inherent power to dismiss an action to sanction abusive conduct such as

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judge-shopping or failure to prosecute).

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This inherent power, however, “must be exercised with restraint and discretion. A

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primary aspect of that discretion is the ability to fashion an appropriate sanction for conduct

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which abuses the judicial process.” Ready Transp., Inc., 627 F.3d at 404-405 (citing

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Thompson v. Hous. Auth. of Los Angeles, 782 F.2d 829, 830 (9th Cir. 1986) (per curiam)

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(requiring a district court to weigh, among other factors, “the availability of less drastic

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sanctions” before resorting to dismissal as a sanction). A district court may dismiss an action,

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with prejudice, based on a party’s failure to prosecute an action, failure to obey a court

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order, or failure to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53–54

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(9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d

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1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring

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amendment of complaint);

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A district court’s inherent authority to sanction parties for failing to comply with its

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orders exists, in part, to prevent “‘disobedience [of] the orders of the Judiciary, regardless

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of whether such disobedience interfered with the conduct of trial.’” Chambers, 501 U.S. at

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44 (quoting Young v. United States ex rel. Vuitton et Fils, S.A., 481 U.S. 787, 798 (1987)).

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See also Anheuser-Busch, Inc. v. Natural Beverage Distribs., 69 F.3d 337, 348 (9th Cir.

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1995) (public interest “in expeditious resolution of litigation,” court’s need to manage

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docket, risk of prejudice to party seeking sanctions, public policy favoring disposition on the
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merits, availability of lesser sanctions, bad faith of violating party, relationship between

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conduct and merits justify sanction).

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Pro se Social Security appeals may be dismissed for failure to comply with court

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orders. See Tripp v. Commissioner of Social Sec. Admin., 471 Fed.Appx. 631 (9th Cir. 2012)

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(district court did not abuse its discretion in dismissing claimant’s petition for failure to

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prosecute and failure to comply with court orders); Hinton v. Astrue, 2012 WL 2389948 (D.

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Ariz. June 25, 2012) (appeal is dismissed without prejudice due to Plaintiff’s failure to file

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a timely opening brief and comply with the Court’s order); Griffith v. Astrue, 2008 WL

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783524 (E.D. Cal. March 24, 2008) (Social Security appeal dismissed without prejudice for

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failure to comply with court orders and prosecute)

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The Civil Justice Reform Act of 1990 (“CJRA”), 28 U.S.C. § 471 et seq., mandates

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the early and on-going judicial management of the pretrial process. Under the CJRA

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mandate, “[f]ederal trial courts are now required, by statute, to implement techniques and

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strategies designed to dispose of cases in an efficient and inexpensive manner.” Schwarzkopf

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Technologies Corp. v. Ingersoll Cutting Tool Co., 142 F.R.D. 420, 423 (D. Del. 1992).

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Additionally, federal judges “are subject to the injunction of Rule 1 [Federal Rules of Civil

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Procedure] that [the Rules] ‘be construed to secure the just, speedy and inexpensive

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determination of every action.’” Herbert v. Lando, 441 U.S. 153, 177 (1979) (emphasis in

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original). Plaintiff’s failures to timely comply with Judge Anderson’s January 7th and

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Feburary 3rd, 2014 orders are frustrating the speedy and inexpensive resolution of this case.

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In determining whether to dismiss a case for failure to comply with court orders,

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district courts weigh five factors: (1) the public interest; (2) the court’s need to manage the

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docket; (3) the risk of prejudice to the defendant; (4) the public policy favoring disposition

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of cases on their merits; and (5) the availability of less drastic alternatives. Ferdik, 963 F.2d

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at 1260-61. Plaintiff’s failures to comply with court orders are frustrating the Court’s

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responsibilities mandated by Rule 1, Fed.R.Civ.P., and the Civil Justice Reform Act of 1990,

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28 U.S.C. § 471 et seq., such as, “setting early, firm trial dates, such that the trial is scheduled

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to occur to occur within eighteen months after the filing of the complaint. . . .” 28 U.S.C. §
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473(a)(2) (emphasis added). Plaintiff’s pro se status does not discharge her obligation to

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“abide by the rules of the court in which [she] litigate[s].” Carter v. Commissioner of Internal

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Revenue, 784 F.2d 1006, 1008 (9th Cir. 1986).

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After considering the adequacy of lesser sanctions, that Plaintiff has been forewarned

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that sanctions may be imposed, and weighing all five Ferdik factors to determine if dismissal

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is appropriate due to Plaintiff’s failure to comply with prior court orders, the Court concludes

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that dismissal of Plaintiff’s Complaint without prejudice is appropriate and just under the

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circumstances of this case.

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Based on the foregoing,
IT IS ORDERED that Plaintiff’s Complaint is hereby DISMISSED without
prejudice. The Clerk is kindly directed to terminate this case.

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DATED this 27th day of March, 2014.

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