Bundy v. United States of America inc et al

Filing 21

ORDER DISMISSING CASE With Prejudice. Signed by Judge Jennifer A. Dorsey on 3/9/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Ryan C. Bundy,

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Plaintiff

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Order Dismissing Case

v.

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2:17-cv-01127-JAD-GWF

United States of America Inc., et al.,

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Defendants

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Three months ago, I ordered pro se plaintiff Ryan Bundy to update his mailing address

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because correspondence in this case was being returned as undeliverable.1 I also warned him that

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his “[f]ailure to do so” by January 18, 2018, would “result in DISMISSAL of this case with

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prejudice without further prior notice.”2 Bundy has failed to do so.

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

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that power, they may impose sanctions including, where appropriate . . . dismissal” of a case.3 A

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court may dismiss an action with prejudice based on a party’s failure to prosecute an action,

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failure to obey a court order, or failure to comply with local rules.4 In determining whether to

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dismiss an action for lack of prosecution, failure to obey a court order, or failure to comply with

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local rules, the court must consider several factors: (1) the public’s interest in expeditious

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1

ECF No. 18.

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Id.

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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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resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the

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defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the

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availability of less drastic alternatives.5

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I find that the first two factors weigh in favor of dismissal. The risk-of-prejudice factor

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also weighs in favor of dismissal because a presumption of injury arises from the occurrence of

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unreasonable delay in filing a pleading ordered by the court or prosecuting an action.6 Although I

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recognize that Bundy had been actively involved in defending himself in the criminal prosecution

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that led to his detention that underlies this civil action, that case was dismissed more than two

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months ago,7 and he still has not updated his address. The fourth factor is greatly outweighed by

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the factors in favor of dismissal, and a court’s warning to a party that his failure to obey the

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court’s order will result in dismissal satisfies the “consideration-of-alternatives” requirement.8

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Bundy received a bolded, capitalized warning that his case would be dismissed if he did not

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correct his on-file mailing address, but he did not heed that warning.

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Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED with prejudice

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based on Bundy’s failure to file an updated address in compliance with my December 18, 2017,

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order. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS

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CASE.

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DATED: March 9, 2018.

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_______________________________
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United States District Judge
d States
tate
a es
t Judge
ud

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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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See 2:16-cr-0046-GMN-PAL, ECF No. 3117.

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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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