(PC) Navarro v. StClair et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss Action With Prejudice for a Failure to Prosecute and Failure to Obey Court Orders, signed by Magistrate Judge Sheila K. Oberto on 6/13/2022. Objections to F&R due FOURTEEN DAYS. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GILBERT NAVARRO,
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Plaintiff,
v.
J. ST. CLAIR, et al.,
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Defendants.
Case No. 1:20-cv-00524-JLT-SKO (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION WITH PREJUDICE
FOR A FAILURE TO PROSECUTE AND
FAILURE TO OBEY COURT ORDERS
14-DAY DEADLINE
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
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I.
BACKGROUND
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On February 25, 2022, Defendants filed a motion for summary judgment on the grounds
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that there is no genuine dispute of material fact and Defendants are entitled to judgment as a
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matter of law. (Doc. 38.) Pursuant to Local Rule 230(l), Plaintiff had 21 days to file an opposition
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or a statement of non-opposition to the motion. Plaintiff did not do so.
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On April 7, 2022, the Court issued an Order to Show Cause (OSC) why this action should
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not be dismissed for Plaintiff’s failure to prosecute. (Doc. 42.) Plaintiff was given 21 days within
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which to respond to the OSC, or, alternatively, to file an opposition to the motion for summary
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judgment or a statement of non-opposition. (Id.) More than 21 days have passed, and Plaintiff has
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failed to respond in any way.
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On May 6, 2022, the undersigned issued an Order Discharging the Order to Show Cause
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and Order Directing Plaintiff to File Opposition or Statement of Non-Opposition. (Doc. 43.) Out
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of an abundance of caution, because Plaintiff had paroled and filed a notice of change of address
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close in time to Defendants having filed their motion for summary judgment, the Clerk of the
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Court was directed to serve Plaintiff with Defendants’ motion at Plaintiff’s current address at
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West Sonya Lane in Santa Maria, California. (Id. at 3.) Plaintiff was afforded 30 days within
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which to file an opposition or a statement of non-opposition to the motion for summary judgment.
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(Id.) Plaintiff again failed to respond and more than 30 days have passed.
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II.
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DISCUSSION
A. Legal Standard
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The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide,
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“[f]ailure of counsel or of a party to comply with … any order of the Court may be grounds for
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the imposition by the Court of any and all sanctions … within the inherent power of the Court.”
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Local Rule 110. “District courts have inherent power to control their dockets” and, in exercising
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that power, may impose sanctions, including dismissal of an action. Thompson v. Housing Auth.,
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City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a
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party’s failure to prosecute an action, obey a court order, or comply with local rules. See, e.g.,
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Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a
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court order to amend a complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir.
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1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421,
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1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).
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In determining whether to dismiss an action, the Court must consider several factors:
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(1) the public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its
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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of
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cases on their merits; and (5) the availability of less drastic sanctions. Henderson, 779 F.2d at
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1423; Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988).
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B. Analysis
Here, Plaintiff has failed to file an opposition or a statement of non-opposition to
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Defendants’ motion for summary judgment. Plaintiff has also failed to respond to this Court’s
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OSC. The Court cannot effectively manage its docket if Plaintiff ceases litigating his case. Thus,
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the Court finds that both the first and second factors weigh in favor of dismissal. Henderson, 779
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F.2d at 1423; Carey v. King, 856 F.2d at 1440.
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The third factor, risk of prejudice to defendant, also weighs in favor of dismissal since a
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presumption of injury arises from the occurrence of unreasonable delay in prosecuting an action.
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Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976). Here, the Court issued its Discovery and
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Scheduling Order on May 26, 2021. (Doc. 31.) The Order provided a deadline of December 27,
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2021, for the filing of pretrial dispositive motions. (Id. at 3.) By stipulation of the parties, the
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deadline for filing pretrial dispositive motions was extended to February 25, 2022. (Doc. 33.) On
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February 25, 2022, Defendants filed their motion for summary judgment. (Doc. 38.) Plaintiff
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neither opposed the motion nor filed a statement of non-opposition despite being offered an
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additional opportunity to do so. (See Doc. 43.) Plaintiff’s inaction amounts to an unreasonable
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delay in prosecuting this action, weighing in favor of dismissal for a risk of prejudice to
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defendants. Anderson v. Air W., 542 F.2d at 524; Henderson, 779 F.2d at 1423; Carey v. King,
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856 F.2d at 1440.
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The fourth factor usually weighs against dismissal because public policy favors
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disposition on the merits. Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002). However,
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“this factor lends little support to a party whose responsibility it is to move a case toward
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disposition on the merits but whose conduct impedes progress in that direction,” which is the case
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here. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1228 (9th
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Cir. 2006) (citation omitted); Henderson v. Duncan, 779 F.2d at 1424.
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Finally, the Court’s warning to a party that failure to obey the court’s order will result in
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dismissal satisfies the “considerations of the alternatives” requirement. Ferdik, 963 F.2d at 1262;
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Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424. The Court’s OSC of April 7, 2022,
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included the following warning: “Failure to comply with this order will result in a
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recommendation that this case be dismissed with prejudice for a failure to prosecute.” (Doc.
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42 at 2.) The Court’s May 6, 2022, Order also included the following additional warning:
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“Plaintiff is advised that a failure to comply with this Order will result in a recommendation
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that this case be dismissed with prejudice for a failure to prosecute.” (Doc. 43 at 3.) Thus,
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Plaintiff had adequate warning that dismissal could result from his noncompliance.
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III.
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For the reasons set forth above, the Court RECOMMENDS that this action be
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CONCLUSION AND RECOMMENDATION
DISMISSED with prejudice for Plaintiff’s failure to prosecute and failure to obey court orders.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
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of the date of service of these Findings and Recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned, “Objections to Magistrate Judge’s
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Findings and Recommendations.” Plaintiff’s failure to file objections within the specified time
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may result in waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.
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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Sheila K. Oberto
June 13, 2022
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UNITED STATES MAGISTRATE JUDGE
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