Sanchez v. State of Nevada et al
Filing
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ORDER dismissing this action for failure to comply with 24 Order and denying as moot 22 motion to dismiss. Signed by Judge Miranda M. Du on 4/13/16. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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AMADEO SANCHEZ,
Case No. 3:15-cv-00144-MMD-WGC
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Plaintiff,
ORDER
v.
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THE STATE OF NEVADA, et al.,
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Defendants.
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I.
DISCUSSION
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On March 10, 2016, the Court issued an order directing Plaintiff to file an updated
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address with the Court or face dismissal. (Dkt. no. 24, 3:22-23.) Plaintiff filed an updated
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address with the Court on March 11, 2016. (Dkt. no. 25.) The Court also ordered “that
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by April 1, 2016, Plaintiff shall either: (1) file a fully complete application to proceed in
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forma pauperis for non-prisoners; or (2) pay the full filing fee of $400.00.” (Dkt. no. 24 at
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3:24-26.) The Court specifically stated that “failure to timely comply with this order will
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result in the dismissal of this action, with prejudice.” (Id. at 4:11-12.)
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Plaintiff did not file a complete application to proceed in forma pauperis for non-
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prisoners or pay the full filing fee of $400.00. District courts have the inherent power to
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control their dockets and “[i]n the exercise of that power, they may impose sanctions
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including, where appropriate . . . dismissal” of a case. Thompson v. Hous. Auth. of City
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of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action, with
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prejudice, 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 the local rules. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th
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Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d
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1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring
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amendment of complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)
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(dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421,
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1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure to comply with local
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rules).
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In determining whether to dismiss an action for lack of prosecution, failure to
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obey a court order, or failure to comply with local rules, the court must consider several
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factors: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need
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to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy
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favoring disposition of cases on their merits; and (5) the availability of less drastic
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alternatives. Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone,
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833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.
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In the instant case, the Court finds that the first two factors, the public’s interest in
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expeditiously resolving this litigation and the Court’s interest in managing the docket,
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weigh in favor of dismissal. The third factor, risk of prejudice to defendants, also weighs
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in favor of dismissal, since 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.
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See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor ― public
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policy favoring disposition of cases on their merits ― is greatly outweighed by the
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factors in favor of dismissal discussed herein. Finally, a court’s warning to a party that
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his failure to obey the court’s order will result in dismissal satisfies the “consideration of
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alternatives” requirement. Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33;
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Henderson, 779 F.2d at 1424.
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The Court’s order requiring Plaintiff to file a complete application to proceed in
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forma pauperis for non-prisoners or pay the full filing fee of $400.00 expressly stated “It
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is further ordered that failure to timely comply with this order will result in the dismissal
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of this action, with prejudice.” (Dkt. no. 24 at 4:11-12.) Thus, Plaintiff has adequate
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warning that dismissal would result from his noncompliance with the Court’s order to file
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a complete application to proceed in forma pauperis for non-prisoners or pay the full
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filing fee of $400.00.1
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II.
CONCLUSION
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For the foregoing reasons, it is ordered that this action is dismissed with
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prejudice based on Plaintiff’s failure to file a complete application to proceed in forma
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pauperis for non-prisoners or pay the full filing fee of $400.00 in compliance with this
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Court’s March 10, 2016, order.
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It is further ordered that the defendants’ motion to dismiss (dkt. no 22) is denied
as moot.
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The Clerk is directed to close this case.
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DATED THIS 13th day of April 2016.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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The Court’s order (dkt. no. 24) directing Plaintiff to file a complete application to
proceed in forma pauperis for non-prisoners or pay the full filing fee of $400.00, was
sent to Plaintiff’s updated address on March 14, 2016. (Dkt. no. 26.)
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