Moreno v. Justen et al

Filing 8

ORDER DISMISSING CASE without prejudice for failure to comply with 5 Order. Clerk shall enter judgment accordingly and close case. Signed by Judge Robert C. Jones on 3/18/16. (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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LORENZO MORENO,

Case No.: 3:15-CV-00176-RCJ-WGC

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Plaintiff,
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vs.
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ORDER
JUSTEN, et. al.,

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Defendants.
___________________________________

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On January 5, 2016, this Court entered Order (ECF #5) adopting and accepting the Report and

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Recommendation of United States Magistrate William G. Cobb (ECF #3).

The Report and

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Recommendation deferred decision on the Application to Proceed In Forma Pauperis (ECF #1),

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directed the Clerk of the Court to file the Complaint (ECF #1-1), dismissing Count I as duplicative of

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the excessive force claim being asserted in 3:14-CV-533-RCJ-VPC. Counts II and III were dismissed

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with leave to amend and the Clerk of the Court was directed to send Plaintiff the approved form for

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filing a complaint under 42 U.S.C. § 1983 advising Plaintiff that: if he chooses to file an amended

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complaint, it shall be filed within 30 days of the date of entry of an order adopting and accepting and or

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on or before February 6, 2016.

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On January 15, 2016 the Court’s Order (ECF #5) was returned undeliverable “Return to Sender

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Insufficient Address Unable to Forward” (ECF #7). Plaintiff has failed to comply with the Order within

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the allotted time.

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Local Rules of Special Proceedings and Appeals 2-2 Change of Address provides as follows:

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“The plaintiff shall immediately file with the Court written notification of any change of address.

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The notification must include proof of service upon each opposing party or the party’s attorney. Failure

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to comply with this Rule may result in dismissal of the action with prejudice.”

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“Before dismissing the action, the district court is required to weigh several factors: (1) the

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public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the

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

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(5) the availability of less drastic sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (internal

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citations and quotations omitted). All five factors point in favor of dismissal.

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Plaintiff has failed to show good cause why this action should not be dismissed without prejudice
for failure to comply with Court Order (ECF #5). Accordingly,

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IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for Plaintiff’s

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failure to comply with the Court Order (ECF #5). The Clerk of the Court shall enter judgment

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accordingly and close the case.

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DATED this 18th day of March, 2016.

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ROBERT C. JONES
District Judge

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