(PC) Ricks v. Warden

Filing 14

FINDINGS and RECOMMENDATIONS to Dismiss Action for Failure to Obey Court Orders signed by Magistrate Judge Sheila K. Oberto on 05/10/2022. Referred to Judge Thurston; Objections to F&R due within Fourteen-Days. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CORBIN RICKS,

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Plaintiff,

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Case No. 1:22-cv-00133-SKO (PC)

v.

14-DAY DEADLINE

WARDEN,

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FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION FOR FAILURE TO
OBEY COURT ORDERS

Defendants.

Clerk of the Court to Assign District Judge

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Plaintiff Corbin Ricks is a former state prisoner, proceeding pro se, who brought this civil

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rights action pursuant to 42 U.S.C. § 1983.

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I.

INTRODUCTION

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Plaintiff filed his complaint on January 21, 2022, in the United States District Court for

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the Central District of California. (Doc. 1.) On January 28, 2022, the action was transferred to this

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Court. (See Docs. 5, 6.)
On February 3, 2022, the Court issued its Order to Submit Application to Proceed In

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Forma Pauperis or Pay Filing Fee. (Doc. 8.)
On February 10, 2022, Plaintiff filed a Notice of Change of Address, indicating he was

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residing on East Harvard Avenue in Fresno, California, and was no longer incarcerated at North

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Kern State Prison. (Doc. 10.)

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On March 3, 2022, Plaintiff filed an application to proceed in forma pauperis (“IFP”) by a

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prisoner. (Doc. 11.) The application was signed and executed February 9, 2022, and included an

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inmate statement report dated February 23, 2022. (Id. at 2-4.) It also listed Plaintiff’s previous

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address at North Kern State Prison (id. at 1), instead of his current address on file with this Court.

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On March 4, 2022, the Court issued an Order to Submit Non-Prisoner Application to

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Proceed In Forma Pauperis or Pay Filing Fee. (Doc. 12.) Plaintiff was provided 30 days within

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which to submit the completed and signed non-prisoner application, or alternatively, to pay the

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$402 filing fee. (Id.) More than 30 days passed, and Plaintiff neither submitted a non-prisoner IFP

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application nor paid the filing fee.

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On April 12, 2022, the Court issued its Order to Show Cause (OSC) why the action should

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not be dismissed for Plaintiff’s failure to obey a court order. (Doc. 13.) Plaintiff was given 21

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days within which to respond to the OSC. Plaintiff did not file a response, and the time for doing

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so has now passed.

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II.

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The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide,

DISCUSSION

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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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Here, Plaintiff has not filed a non-prisoner IFP application or paid the filing fee as

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ordered, and has not responded to the OSC concerning his failure to obey a court order. The Court

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cannot effectively manage its docket if Plaintiff ceases litigating his case. Thus, the Court finds

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that both the first and second factors weigh in favor of dismissal. Henderson, 779 F.2d at 1423.

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The third factor, risk of prejudice to defendant, is a lesser factor here as named defendants

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have not yet appeared in the action. A presumption of harm or injury arises, however, from the

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occurrence of unreasonable delay in prosecuting an action. See Anderson v. Air W., 542 F.2d 522,

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524 (9th Cir. 1976).

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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).

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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, or fifth factor. Ferdik, 963

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F.2d at 1262; Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424. Here, the Court’s March

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4, 2022, and April 12, 2022, orders expressly warned Plaintiff that his failure to comply with the

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Court’s order would result in a recommendation for dismissal of this action. (See Doc. 12 at 2

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[“Failure to comply with this order will result in a recommendation that this action be

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dismissed”] & Doc. 13 at 2 [“Failure to comply with this order will result in a

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recommendation that this action be dismissed for failure to obey court orders”].) Thus,

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Plaintiff had adequate warning that dismissal could result from his noncompliance.

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It appears that Plaintiff has abandoned this action. Whether Plaintiff has done so

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intentionally or mistakenly is inconsequential. It is Plaintiff’s responsibility to comply with the

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Court’s orders. The Court declines to expend its limited resources on a case that Plaintiff has
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chosen to ignore.

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III.

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For the reasons stated above, this Court RECOMMENDS that this action be DISMISSED

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CONCLUSION AND RECOMMENDATION

for Plaintiff’s 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 28 U.S.C. § 636(b)(l). Within 14 days of the date of

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service of these Findings and Recommendations, Plaintiff may file written objections with the

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Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff’s failure to file objections within the specified time may result in

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waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing

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Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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The Court directs the Clerk of the Court to assign a district court judge to this action.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

May 10, 2022

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UNITED STATES MAGISTRATE JUDGE

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