Jones v. Magallon

Filing 25

ORDER DISMISSING ACTION for Failure to Obey a Court Order and Failure to Prosecute signed by District Judge Dale A. Drozd on 5/12/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOLLIE JONES,

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Plaintiff,

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No. 1:15-cv-01897-DAD-MJS (PC)

v.
Y. MAGALLON, et al.,

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Defendants.

ORDER DISMISSING ACTION FOR
FAILURE TO OBEY A COURT ORDER
AND FAILURE TO PROSECUTE
(Doc. No. 24)

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Plaintiff Hollie Jones, a prison proceeding pro se and in forma pauperis, filed this civil

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rights action on December 21, 2015. (Doc. No. 1.) On January 30, 2017, the assigned magistrate

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judge screened plaintiff’s second amended complaint and directed plaintiff to file either a notice

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of willingness to proceed on his claims found to be cognizable in that screening order or a third

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amended complaint. (Doc. No. 22.) After more than thirty days passed and plaintiff failed to

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respond in any way to that order, on April 17, 2017, the magistrate judge issued an order

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requiring plaintiff to show cause within fourteen days of the order why this action should not be

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dismissed due to his failure to obey a court order and failure to prosecute. (Doc. No. 24.) Over

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fourteen days passed and plaintiff has still failed to file a third amended complaint, request an

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extension of time in which to do so, or otherwise respond to either the court’s screening order or

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the order to show cause.

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District courts have the inherent power to control their dockets and “in the exercise of that

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power, they may impose sanctions including, where appropriate . . . dismissal of a case.”

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Thompson v. Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action

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based on a party’s failure to prosecute, failure to obey a court order, or failure to comply with

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local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for

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noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)

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(dismissal for failure to comply with an order requiring amendment of a complaint); Carey v.

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King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply with local rule

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requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 833

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

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

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comply with local rules).

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In determining whether to dismiss an action for lack of prosecution, failure to obey a court

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order, or failure to comply with local rules, the court must consider several factors: (1) the

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public’s interest in expeditious resolution of litigation, (2) the court’s need to manage its docket,

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(3) the risk of prejudice to the defendants, (4) the public policy favoring disposition of cases on

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their merits, and (5) the availability of less drastic alternatives. Thompson, 782 F.2d at 831;

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

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46 F.3d at 53.
In the instant case, the public’s interest in expeditiously resolving this litigation and the

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court’s interest in managing its docket weigh in favor of dismissal. The third factor, risk of

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

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from the occurrence of unreasonable delay in prosecuting this 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

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their merits – is greatly outweighed by the factors in favor of dismissal discussed herein. Finally,

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as for the availability of lesser sanctions, at this stage in the proceedings there is nothing available

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which would constitute a satisfactory lesser sanction while preserving this court’s scarce

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resources. In this regard, plaintiff is proceeding in forma pauperis, making the imposition of

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monetary sanctions ineffective.

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For the reasons set forth above:

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1) This action is dismissed for failure to obey a court order and failure to prosecute; and

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2) The Clerk of the Court is directed to terminate any pending motions and close this

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case.
IT IS SO ORDERED.
Dated:

May 12, 2017
UNITED STATES DISTRICT JUDGE

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