Youngblood v. Kim

Filing 13

ORDER DISMISSING Action, Without Prejudice, for Failure to Pay the $400.00 Filing Fee 5 , signed by Magistrate Judge Stanley A. Boone on 9/30/13. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE L. YOUNGBLOOD,

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Plaintiff,
v.
DOCTOR KIM, et al.,
Defendants.

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Case No.: 1:13-cv-01118-SAB (PC)
ORDER DISMISSING ACTION, WITHOUT
PREJUDICE, FOR FAILURE TO PAY THE
$400.00 FILING FEE
[ECF No. 5]

Plaintiff Jesse L. Youngblood is appearing pro se in this civil rights action pursuant to 42

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U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c)(1), Plaintiff has consented to the jurisdiction of the

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United States magistrate judge. Local Rule 305(b).

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Plaintiff filed this action on June July 19, 2013. On August 2, 2013, the Court issued an order

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finding plaintiff ineligible to proceed in forma pauperis in this action, and requiring plaintiff to pay

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$400.00 filing fee in full within forty-five days. 28 U.S.C. § 1915(g). More than forty-five days have

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passed and plaintiff has not complied with the Court’s order; rather, plaintiff has continued to file

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further motions to proceed in forma pauperis which has already been addressed and denied by the

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court. (ECF Nos. 8 & 11.)

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Local Rule 11-110 provides that “failure of counsel or of a party to comply with these Local

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Rules or with any order of the Court may be grounds for the imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court.” District courts have the inherent power to
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control their dockets and “in the exercise of that power, they may impose sanctions including, where

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appropriate . . . dismissal of a case.” Thompson v. Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986).

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A court may dismiss an action, with prejudice, based on a party’s failure to prosecute an action, failure

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to obey a court order, or failure to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52,

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53-54 (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 amendment of

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complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply

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with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal

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Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with court order);

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Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to lack of

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prosecution and failure to comply with local rules). In determining whether to dismiss an action for

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lack of prosecution, failure to obey a court order, or failure to comply with local rules, the Court must

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consider several 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 policy favoring

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disposition of cases on their merits; and (5) the availability of less drastic alternatives. Thompson, 782

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F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61;

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Ghazali, 46 F.3d at 53.

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In the instant case, the Court finds that the public’s interest in expeditiously resolving this

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litigation and the Court’s interest in managing the docket weigh in favor of dismissal. The third

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factor, risk of prejudice to defendants, also weighs in favor of dismissal, since a presumption of injury

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arises from the occurrence of unreasonable delay in prosecuting an action. Anderson v. Air West, 542

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F.2d 522, 524 (9th Cir. 1976). The fourth factor -- public policy favoring disposition of cases on their

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merits -- is greatly outweighed by the factors in favor of dismissal discussed herein. Finally, a Court’s

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warning to a party that his failure to obey the Court’s order will result in dismissal satisfies the

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“consideration of alternatives” requirement. Ferdik v. Bonzelet, 963 F.2d at 1262; Malone, 833 at

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132-33; Henderson, 779 F.2d at 1424. The Court’s order requiring plaintiff to pay the filing fee in full

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within forty-five days expressly stated: “Plaintiff must submit the $400.00 filing fee in full, within

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forty-five (45) days from the date of service of this order, or this action will be dismissed.” Thus,
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plaintiff had adequate warning that dismissal would result from his noncompliance with the Court’s

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order.

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Accordingly, this action is HEREBY DISMISSED, without prejudice, based on plaintiff’s
failure to obey the Court’s order of August 2, 2013.

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IT IS SO ORDERED.

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Dated:

September 30, 2013

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UNITED STATES MAGISTRATE JUDGE
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