Sanchez v. Dreesen et al

Filing 10

ORDER. IT IS ORDERED that THIS ACTION IS DISMISSED without prejudice based on the plaintiffs failure to file a complete application to proceed in forma pauperis or pay the filing fee as ordered. Signed by Judge Jennifer A. Dorsey on 9/8/2021. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:21-cv-00732-JAD-NJK Document 10 Filed 09/08/21 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Vito Sanchez, 5 v. 6 Case No. 2:21-cv-00732-JAD-NJK Plaintiff F. Dreesen, et. al., 7 Order Dismissing and Closing Case Defendants 8 9 Plaintiff Vito Sanchez brings this civil-rights lawsuit to redress constitutional violations 10 that he claims he suffered while incarcerated at High Desert State Prison. On July 14, 2021, this 11 Court ordered the plaintiff to either pay the $402 filing fee or file a complete in forma pauperis 12 application by August 30, 2021. 1 On July 28, 2021, the plaintiff filed an incomplete application 13 to proceed in forma pauperis. 2 Plaintiff's incomplete application did not include a financial 14 certificate with an inmate account statement for the previous six-month period or, alternatively, a 15 declaration detailing any efforts he took to acquire such financial documents from prison 16 officials. The August 30, 2021, deadline expired without a fully complete application or 17 payment of the filing fee. 18 District courts have the inherent power to control their dockets and “[i]n the exercise of 19 that power, they may impose sanctions including, where appropriate . . . dismissal” of a case. 3 A 20 court may dismiss an action based on a party’s failure to prosecute an action, failure to obey a 21 22 23 1 ECF No. 8. 2 ECF No. 9. 3 Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). Case 2:21-cv-00732-JAD-NJK Document 10 Filed 09/08/21 Page 2 of 3 1 court order, or failure to comply with local rules. 4 In determining whether to dismiss an action 2 on one of these grounds, the court must consider: (1) the public’s interest in expeditious 3 resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the 4 defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the 5 availability of less drastic alternatives. 5 6 The first two factors, the public’s interest in expeditiously resolving this litigation and the 7 court’s interest in managing its docket, weigh in favor of dismissal of the plaintiff’s claims. The 8 third factor, risk of prejudice to defendants, also weighs in favor of dismissal because a 9 presumption of injury arises from the occurrence of unreasonable delay in filing a pleading 10 ordered by the court or prosecuting an action. 6 A court’s warning to a party that its failure to 11 obey the court’s order will result in dismissal satisfies the fifth factor’s “consideration of 12 alternatives” requirement, 7 and that warning was given here. 8 The fourth factor—the public 13 policy favoring disposition of cases on their merits—is greatly outweighed by the factors 14 favoring dismissal. 15 IT IS THEREFORE ORDERED that THIS ACTION IS DISMISSED without prejudice 16 based on the plaintiff’s failure to file a complete application to proceed in forma pauperis or pay 17 the filing fee as ordered. The Clerk of Court is directed to ENTER JUDGMENT accordingly 18 and CLOSE THIS CASE. No other documents may be filed in this now-closed case. If 19 20 4 23 7 Malone, 833 F.2d at 132–33. 8 ECF No 8 at 4. See Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for 21 failure to comply with court order). 5 Malone, 833 F.2d at 130; Ghazali, 46 F.3d at 53. 22 6 See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). 2 Case 2:21-cv-00732-JAD-NJK Document 10 Filed 09/08/21 Page 3 of 3 1 Vito Sanchez wishes to pursue his claims, he must file a complaint in a new case, and he must 2 either pay the $402 filing fee or file a complete in forma pauperis application in that new case. 3 Dated: September 7, 2021 4 _________________________________ U.S. District Judge Jennifer A. Dorsey 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3

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