Gilliam v. O'Neill et al
Filing
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ORDER DISMISSING CASE for failure to respond to Order to Show Cause, failure to prosecute and failure to obey court orders signed by District Judge Dale A. Drozd on 9/9/2020. CASE CLOSED.(Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WILLIAM JESSE GILLIAM,
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No. 1:19-cv-01711-DAD-SAB
Plaintiff,
v.
BARBARA HOPE O’NEILL, et al.,
ORDER DISMISSING CASE FOR FAILURE
TO RESPOND TO ORDER TO SHOW
CAUSE, FAILURE TO PROSECUTE, AND
FAILURE TO OBEY COURT ORDERS
Defendants.
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On August 20, 2020, the court directed plaintiff Williams Jesse Gilliam, who is
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proceeding pro se in this action, to show cause why this action should not be dismissed due to his
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failures to prosecute and obey court orders. (Doc. No. 34.) That order outlined plaintiff’s
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repeated failures to prosecute this action and obey court orders, which the court incorporates by
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reference here. (See id. at 1–4.) The order directed plaintiff to show cause in writing within
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fourteen (14) days of service of the order why this action should be dismissed due to plaintiff’s
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failure to prosecute this action. Well over fourteen days have passed since the issuance of the
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August 20, 2020 order to show cause, and no response has been filed by plaintiff, nor has he
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otherwise communicated with the court. For the reasons set forth below, the court will dismiss
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this action due to plaintiff’s failures to prosecute this action, obey court orders, and respond to the
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August 20, 2020 order to show cause.
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In this regard, the Ninth Circuit has stated as follows:
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In determining whether to dismiss a claim for failure to prosecute or
failure to comply with a court order, the Court must weigh the
following factors: (1) the public’s interest in expeditious resolution
of litigation; (2) the court’s need to manage its docket; (3) the risk of
prejudice to defendants/respondents; (4) the availability of less
drastic alternatives; and (5) the public policy favoring disposition of
cases on their merits.
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Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); see also In re Phenylpropanolamine
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Prods. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006); Bautista v. Los Angeles Cty., 216 F.3d
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837, 841 (9th Cir. 2000).
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Moreover, the Local Rules of this court state that the failure of a party to comply with the
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any order of the court “may be grounds for imposition by the Court of any and all sanctions
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authorized by statute or Rule or within the inherent power of the Court.” L.R. 110. Any
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individual representing himself or herself without an attorney is nonetheless bound by the Federal
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Rules of Civil Procedure, the Local Rules, and all applicable law. L.R. 183(a). A party’s failure
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to comply with applicable rules and law may be grounds for dismissal or any other sanction
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appropriate under the Local Rules. Id.; see also Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir.
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1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61
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(9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint),
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as amended (May 22, 1992). “Despite this authority, dismissal is a harsh penalty and, therefore, it
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should only be imposed in extreme circumstances.” Ferdik, 963 F.2d at 1260.
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Here, as noted in the August 20, 2020 order to show cause, plaintiff has repeatedly failed
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to prosecute this action and comply with court orders. His failures include: (1) not serving some
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of the defendants in this action, despite being granted ample opportunity to do so; (2) not
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opposing or otherwise responding to two pending motions to dismiss, the granting of which will
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result in the dismissal of each of the claims plaintiff appears to be asserting in this action; and (3)
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not objecting to or otherwise responding to two sets of findings and recommendations, which
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collectively recommend the dismissal of four named defendants due to plaintiff’s repeated
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failures to serve them in compliance with Federal Rule of Civil Procedure 4(m). (See generally
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Doc. No. 34.) In addition, more than fourteen days have passed since service of the court’s order
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to show cause, and plaintiff has not responded to the court’s order or otherwise communicated
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with the court. In fact, as noted in the order to show cause, plaintiff has not communicated with
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the court since April of this year.
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Accordingly, the court finds that each of the factors outlined by the Ninth Circuit in
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Pagtalunan are met here. Here, while this case has not been pending long, the public has a great
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interest in the expeditious resolution of this and all litigation heard in this district, as it has one of
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the busiest dockets in the country. See Ellis v. Checkmate Staffing, Inc., No. 2:08-cv-00129-
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JAM-CKD, 2015 WL 351441, at *2 (E.D. Cal. Jan. 26, 2015); (see also Doc. No. 5). For similar
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reasons, the court has a strong need to control its docket. The court is aware of no prejudice to
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defendants if this action is dismissed. Finally, there are no less drastic alternatives available to
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the court when faced with a litigant who simply fails to respond to court orders. Therefore,
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considering the factors noted above and that the deadline to respond to the court’s order to show
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cause has passed without response from the plaintiff, the court will dismiss this case.
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ORDER
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For the reasons set forth above,
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1.
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2020 order to show cause, prosecute this action, and obey court orders;
2.
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This action is dismissed due to plaintiff’s failures to respond to the August 20,
The two pending motions to dismiss (Doc. Nos. 18 & 31) are denied as having
been rendered moot by the issuance of this order of dismissal;
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The court declines to adopt the two pending sets of findings and recommendations
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(Doc. Nos. 27 & 30) as having been rendered moot by the issuance of this order;
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and
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4.
The Clerk of the Court is direct to close this case.
IT IS SO ORDERED.
Dated:
September 9, 2020
UNITED STATES DISTRICT JUDGE
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