Curran v. Clark County et al

Filing 8

ORDER. IT IS HEREBY ORDERED that this case is DISMISSED without prejudice based on Curran's failure to comply with this courts 12/20/16, 6 order. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 1/31/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Clifford C. Curran,
2:16-cv-01010-JAD-VCF

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Plaintiff

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v.

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Clark County, et al.,

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Order Dismissing and Closing Case

Defendants

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On December 20, 2016, I dismissed Curran’s civil-rights complaint with leave to amend and

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with detailed instructions for curing its deficiencies, and I directed him to file an amended complaint

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by January 20, 2017.1 This deadline has expired, and Curran has not filed an amended complaint,

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requested an extension to do so, or otherwise responded to my order.

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District courts have the inherent power to control their dockets and “[i]n the exercise of that

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power, they may impose sanctions including, where appropriate . . . dismissal” of a case.2 A court

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may dismiss an action based on a party’s failure to prosecute an action, failure to obey a court order,

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or failure to comply with local rules.3 In determining whether to dismiss an action on one of these

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grounds, the court must consider: (1) the public’s interest in expeditious resolution of litigation; (2)

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the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy

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ECF No. 6 at 9.

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Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).

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See Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir. 1995) (dismissal for noncompliance with local
rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992) (dismissal for failure to comply
with an order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440–41 (9th Cir.
1988) (dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court
apprised of address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for
failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)
(dismissal for lack of prosecution and failure to comply with local rules).

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favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives.4

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The first two factors, 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 because a presumption of injury arises

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from the occurrence of unreasonable delay in filing a pleading ordered by the court or prosecuting an

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action.5 A court’s warning to a party that its failure to obey the court’s order will result in dismissal

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satisfies the fifth factor’s “consideration of alternatives” requirement,6 and I expressly warned Curran

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that failure to timely file an amended complaint would result in dismissal without prejudice and

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without further notice.7 The fourth factor—the public policy favoring disposition of cases on their

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merits—is greatly outweighed by the factors favoring dismissal. Accordingly,

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IT IS HEREBY ORDERED that this case is DISMISSED without prejudice based on

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Curran’s failure to comply with this court’s December 20, 2016, order.

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The Clerk of Court is directed to CLOSE THIS CASE.

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Dated this 31st day of January, 2017.

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_________________________________
_________________ _____
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__ _ __________ _
Jennifer A. Dorsey
fer A Dorsey
r
United States District Judge
ed States District Judge
tate D
a
ud
d

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Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423–24; Malone, 833 F.2d at 130; Ferdik,
963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.

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See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976).

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Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132–33; Henderson, 779 F.2d at 1424.

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7

ECF No. 6 at 9.

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