Santos C. Maldonado v. Youngblood et al

Filing 17

ORDER DISMISSING the Case for Failure to Prosecute 16 , signed by Magistrate Judge Jennifer L. Thurston on 5/8/13. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANTOS C. MALDONADO,

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Plaintiff,
v.
DONNIE YOUNGBLOOD, et. al,
Defendants.

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Case No.: 1:12-cv-01157 – JLT (PC)
ORDER DISMISSING THE CASE FOR FAILURE
TO PROSECUTE
(Doc. 16).

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Plaintiff Santos C. Maldonado (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff consented to proceed before

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the Magistrate Judge on August 23, 2012. (Doc. 5). On March 19, 2013, the Court granted Plaintiff a

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final 21 day extension of time to file his first amended complaint. (Doc. 14). On April 19, 2013, the

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Court ordered Plaintiff to show cause as to why the matter should not be dismissed for his failure to

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comply with the March 19, 2013, order, because Plaintiff had not filed his first amended complaint.

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(Doc. 16). Plaintiff was granted 14 days to respond to the April 19, 2013, order, but again failed to

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comply with the Court’s order. Id.

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In determining whether to dismiss an action for lack of prosecution, the court must consider

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several factors: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to

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manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition

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of cases on their merits; and (5) the availability of less drastic sanctions. Henderson v. Duncan, 779
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F.2d 1421, 1423 (9th Cir. 1986); Carey v. King, 856 F.2d 1439 (9th Cir. 1988). The public’s interest in

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expeditiously resolving this litigation and the Court’s interest in managing its docket weigh in favor of

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dismissal, as this case has been pending since July 16, 2012. (Doc. 1). This case cannot be held

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abeyance indefinitely based on Plaintiff’s failure to file his first amended complaint.

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The risk of prejudice to Defendants also weighs in favor of dismissal, since a presumption of

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injury arises from the occurrence of unreasonable delay in prosecuting an action. Anderson v. Air

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West, 542 F.2d 522, 524 (9th Cir. 1976). Similarly, the factors in favor of dismissal discussed above

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greatly outweigh the public policy favoring disposition of cases on their merits. Finally, no lesser

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sanction is feasible given the Court’s inability to communicate with Plaintiff based on Plaintiff’s

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continuous disregard for the Court’s mandates.

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prejudice for failure to prosecute.

Therefore, the matter is DISMISSED without

ORDER

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For the foregoing reasons, it is hereby ORDERED that:

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1. This matter is DISMISSED without prejudice for failure to prosecute; and

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2. The Clerk of the Court is DIRECTED to close this matter.

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IT IS SO ORDERED.

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Dated:

May 8, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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