Springfield v. Fiber et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 7/17/2018 RECOMMENDING this action be dismissed, without prejudice, for lack of prosecution and failure to comply with the court rules and orders. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 30 days. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CIRON B. SPRINGFIELD,
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No. 2:18-CV-1063-KJM-CMK-P
Plaintiff,
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vs.
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C. FIBER, et al.,
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FINDINGS AND RECOMMENDATIONS
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983.
On June 18, 2018, the court determined that plaintiff’s complaint was appropriate
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for service and directed plaintiff to submit documents for service by the United States Marshal.
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Specifically, plaintiff was directed to submit all of the following documents: (1) a completed
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Notice of Submission of Documents form, provided by the court; (2) one completed summons,
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provided by the court; (3) two completed USM-285 forms, also provided by the court; and
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(4) three copies of endorsed complaint, one of which was provided by the court and included
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with the June 18, 2018, order served on plaintiff. Plaintiff was warned that failure to submit the
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required documents may result in dismissal of this action for lack of prosecution and failure to
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comply with court rules and orders. See Local Rule 110. On July 2, 2018, plaintiff submitted
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the court-provided Notice of Submission of Documents as well as the completed summons and
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USM-285 forms. Plaintiff did not, and to date still has not, submitted any copies of the endorsed
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complaint.
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The court must weigh five factors before imposing the harsh sanction of
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dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v.
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U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's
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interest in expeditious resolution of litigation; (2) the court's need to manage its own docket;
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(3) the risk of prejudice to opposing parties; (4) the public policy favoring disposition of cases on
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their merits; and (5) the availability of less drastic sanctions. See id.; see also Ghazali v. Moran,
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46 F.3d 52, 53 (9th Cir. 1995) (per curiam). A warning that the action may be dismissed as an
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appropriate sanction is considered a less drastic alternative sufficient to satisfy the last factor.
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See Malone, 833 F.2d at 132-33 & n.1. The sanction of dismissal for lack of prosecution is
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appropriate where there has been unreasonable delay. See Henderson v. Duncan, 779 F.2d 1421,
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1423 (9th Cir. 1986). Dismissal has also been held to be an appropriate sanction for failure to
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comply with an order to file an amended complaint. See Ferdik v. Bonzelet, 963 F.2d 1258,
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1260-61 (9th Cir. 1992).
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Having considered these factors, and in light of plaintiff’s failure to submit
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service documents as directed, the court finds that dismissal of this action is appropriate. In
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particular, plaintiff has made no effort whatsoever to provide the court with the required three
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copies of the endorsed complaint, despite having already been provided one copy by the court.
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Plaintiff’s complaint is lengthy and, if the court set the precedent of allowing non-compliance in
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this case, it would soon face the same result in all pending prisoner cases. The court simply does
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not have the resources, nor it is inclined as a matter of policy, to set such a precedent.
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///
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Based on the foregoing, the undersigned recommends that this action be
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dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and
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orders.
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If plaintiff submits to the court the three required copies of the endorsed
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complaint within the 30 days provided herein for objections, the court will vacate these
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findings and recommendations and direct service of process by the United States Marshall.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 30 days
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after being served with these findings and recommendations, any party may file written
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objections with the court. Responses to objections shall be filed within 14 days after service of
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objections. Failure to file objections within the specified time may waive the right to appeal.
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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: July 17, 2018
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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