Warrior v. Olvera et al
Filing
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ORDER DISMISSING ACTION for Failure to Obey a Court Order, Failure to Prosecute, and Failure to State a Claim 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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MARVELLOUS AFRIKAN WARRIOR,
a.k.a. MARCELLUS GREENE,
Plaintiff,
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No. 1:16-cv-01567-DAD-MJS (PC)
v.
LAUREL OLVERA, et al.,
Defendants.
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ORDER DISMISSING ACTION FOR
FAILURE TO OBEY A COURT ORDER,
FAILURE TO PROSECUTE, AND FAILURE
TO STATE A CLAIM
(Doc. No. 9)
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Plaintiff Marvellous Afrikan Warrior, a.k.a. Marcellus Greene, a civil detainee proceeding
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pro se and in forma pauperis, filed this civil rights action on October 17, 2016. (Doc. No. 1.) On
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February 3, 2017, the court screened plaintiff’s complaint and dismissed it for failure to state a
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claim. (Doc. No. 8.) Plaintiff was granted leave to file a first amended complaint within thirty
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days of that order. Id. Plaintiff was also advised that his failure to file an amended complaint
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would result in the dismissal of this action. Id. Over thirty days passed and plaintiff failed to file
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a first amended complaint, request an extension of time in which to do so, or otherwise respond to
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the court’s order.
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Accordingly, on March 23, 2017, the court issued an order directing plaintiff to show
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cause in writing within fourteen days why this action should not be dismissed for failure to obey a
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court order. (Doc. No. 9.) Over fourteen days passed since the issuance of the order to show
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cause and plaintiff has failed to respond to it. Rather than respond to the order to show cause,
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plaintiff instead filed a “motion to vacate the judgment [entered on March 23, 2017]”, arguing
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only that “I am a civil slave, and I have a socially greater right to procede. U got life and bullshit.
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U need to get all the facts right b4 U prematurely move. [sic]” (Doc. No. 10.) On April 21, 2017,
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the assigned magistrate judge denied plaintiff’s motion to vacate the judgment as premature
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because no final judgment had been entered in this action. (Doc. No. 15.)
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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.
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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 these proceedings there is nothing
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available which would constitute a satisfactory lesser sanction while preserving this court’s scarce
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resources. In this regard, plaintiff proceeds in forma pauperis, making the imposition of
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monetary sanctions ineffective.
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For these reasons:
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1) This action is dismissed for failure to state a claim, failure to obey a court order, and
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failure to prosecute; and
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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