DuShane v. Nevada Department of Corrections et al

Filing 16

ORDERED this action is dismissed without prejudice based on Plaintiff's failure to file an updated address in compliance with this Court's order (ECF No. 13 ). The motion to proceed in forma pauperis (ECF No. 1 ) is denied as moot. The Clerk shall enter judgment accordingly. Signed by Judge Miranda M. Du on 10/12/2016. (Copies have been distributed pursuant to the NEF - DRM)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 *** JASEN LYNN DUSHANE, 9 10 11 12 13 Case No. 3:15-cv-00501-MMD-WGC Plaintiff, ORDER v. NEVADA DEPARTMENT OF CORRECTIONS et al., Defendants. 14 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by 15 a state prisoner. On August 31, 2016, the Court issued an order directing Plaintiff to file 16 an updated address with the Court within thirty (30) days. (ECF No. 13 at 2). The thirty- 17 day period has now expired, and Plaintiff has not filed an updated address with the 18 Court or otherwise responded to the Court’s order. 19 District courts have the inherent power to control their dockets and “[i]n the 20 exercise of that power, they may impose sanctions including, where appropriate . . . 21 dismissal” of a case. Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 22 831 (9th Cir. 1986). A court may dismiss an action, with prejudice, based on a party’s 23 failure to prosecute an action, failure to obey a court order, or failure to comply with 24 local rules. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for 25 noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 26 1992) (dismissal for failure to comply with an order requiring amendment of complaint); 27 Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply 28 with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. 1 U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply 2 with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal 3 for lack of prosecution and failure to comply with local rules). 4 In determining whether to dismiss an action for lack of prosecution, failure to 5 obey a court order, or failure to comply with local rules, the court must consider several 6 factors: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need 7 to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy 8 favoring disposition of cases on their merits; and (5) the availability of less drastic 9 alternatives. Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 10 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53. 11 In the instant case, the Court finds that the first two factors, the public’s interest in 12 expeditiously resolving this litigation and the Court’s interest in managing the docket, 13 weigh in favor of dismissal. The third factor, risk of prejudice to Defendants, also weighs 14 in favor of dismissal, since a presumption of injury arises from the occurrence of 15 unreasonable delay in filing a pleading ordered by the court or prosecuting an action. 16 See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor ― public 17 policy favoring disposition of cases on their merits ― is greatly outweighed by the 18 factors in favor of dismissal discussed herein. Finally, a court’s warning to a party that 19 his failure to obey the court’s order will result in dismissal satisfies the “consideration of 20 alternatives” requirement. Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33; 21 Henderson, 779 F.2d at 1424. The Court’s order requiring Plaintiff to file an updated 22 address with the Court within thirty (30) days expressly stated: “It is further ordered that, 23 if Plaintiff fails to timely comply with this order, the Court will dismiss this case without 24 prejudice.” (ECF No. 13 at 2.) Thus, Plaintiff had adequate warning that dismissal would 25 result from his noncompliance with the Court’s order to file an updated address within 26 thirty (30) days. 27 /// 28 /// 1 It is therefore ordered that this action is dismissed without prejudice based on 2 Plaintiff’s failure to file an updated address in compliance with this Court’s August 31, 3 2016, order. 4 5 6 It is further ordered that the motion to proceed in forma pauperis (ECF No. 1) is denied as moot. It is further ordered that the Clerk of Court enter judgment accordingly. 7 8 DATED THIS 12th day of October 2016. 9 10 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?