James S. Bennett v. San Bernardino County et al

Filing 20

MINUTE ORDER (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) DISMISSING Action; (2) VACATING the December 2, 2024 hearing; and (3) DIRECTING the Clerk to Close the Case. SEE DOCUMENT FOR FURTHER INFORMATION. Case Terminated. Made JS-6. (twdb)

and (5) the availability of less drastic sanctions. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995)
(failure to follow local rules); Pagtalunan, 291 F.3d at 642 (failure to prosecute or to comply
with a court order). The Court need not weigh these factors explicitly. See Ghazali, 46 F.3d at
53–54.
The Court finds that dismissal is appropriate. Plaintiff failed to file an amended
complaint by the deadline imposed in the Order, and his original Complaint failed to state a
claim. (See Order at 6–7.) Both the Court and the public benefit from the expeditious
resolution of this action because further delay will impede judicial efficiency. See Pagtalunan,
291 F.3d at 642 (“fail[ing] to pursue the case for almost four months” favors dismissal).
Additional delay will also prejudice Defendants, forcing them to spend needless resources on
contesting this matter; in fact, Plaintiff has already delayed this action without explanation by
failing to amend his Complaint. See Sw. Marine Inc. v. Danzig, 217 F.3d 1128, 1138 (9th Cir.
2000) (“Unreasonable delay is the foundation upon which a court may presume prejudice.”).
Accordingly, the Court DISMISSES Plaintiff’s action and DIRECTS the Clerk to close the
case. The Court VACATES the hearing set for December 2, 2024.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

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