Coleman v. Walker et al

Filing 4

ORDERED that this action is dismissed without prejudice based on Plaintiff's failure to file an amended complaint in compliance with this Court's April 12, 2016, order (ECF No. 2 ), and for failure to state a claim. IT IS FURTHER ORDERED that Plaintiff's application for leave to proceed in forma pauperis (ECF No. 1 )is DENIED as moot. IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly Signed by Judge Robert C. Jones on 6/7/2016. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 STEVE COLEMAN, ) ) Plaintiff, ) ) v. ) ) BOB WALKER, KATHERINE REYNOLDS, ) ) Defendants. ) ) ___________________________________ ) ) 3:15-cv-00576-RCJ-WGC ORDER 16 17 I. DISCUSSION 18 This action is a pro se civil rights complaint filed pursuant to 42 U.S.C. § 1983 by a 19 state prisoner. On April 12, 2016, the Court issued an order dismissing the complaint for 20 failure to state a claim with leave to amend, and directed Plaintiff to file an amended complaint 21 within thirty days. (ECF No. 2 at 6-7). 22 The thirty-day period has now expired, and Plaintiff has not filed an amended complaint 23 or otherwise responded to the Court’s order. District courts have the inherent power to control 24 their dockets and “[i]n the exercise of that power, they may impose sanctions including, where 25 appropriate . . . dismissal” of a case. Thompson v. Hous. Auth. of City of Los Angeles, 782 26 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action, with prejudice, based on a 27 party’s failure to prosecute an action, failure to obey a court order, or failure to comply with 28 local rules. 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) 1 (dismissal for failure to comply with an order requiring amendment of complaint); Carey v. 2 King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply with local rule 3 requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 4 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with court order); Henderson 5 v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure 6 to comply with local rules). 7 In determining whether to dismiss an action for lack of prosecution, failure to obey a 8 court order, or failure to comply with local rules, the court must consider several factors: (1) 9 the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its 10 docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of 11 cases on their merits; and (5) the availability of less drastic alternatives. Thompson, 782 F.2d 12 at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260- 13 61; Ghazali, 46 F.3d at 53. 14 In the instant case, the Court finds that the first two factors, the public’s interest in 15 expeditiously resolving this litigation and the Court’s interest in managing the docket, weigh 16 in favor of dismissal. The third factor, risk of prejudice to Defendants, also weighs in favor of 17 dismissal, since a presumption of injury arises from the occurrence of unreasonable delay in 18 filing a pleading ordered by the court or prosecuting an action. See Anderson v. Air West, 542 19 F.2d 522, 524 (9th Cir. 1976). The fourth factor – public policy favoring disposition of cases 20 on their merits – is greatly outweighed by the factors in favor of dismissal discussed herein. 21 Finally, a court’s warning to a party that his failure to obey the court’s order will result in 22 dismissal satisfies the “consideration of alternatives” requirement. Ferdik, 963 F.2d at 1262; 23 Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424. The Court’s order requiring 24 Plaintiff to file an amended complaint within thirty days expressly stated: “IT IS FURTHER 25 ORDERED that if Plaintiff chooses not to file an amended complaint curing the stated 26 deficiencies of the complaint, this action shall be dismissed without prejudice.” (ECF No. 2 27 at 7:7-9). Thus, Plaintiff had adequate warning that dismissal would result from his 28 2 1 noncompliance with the Court’s order to file an amended complaint within thirty days. 2 II. CONCLUSION 3 For the foregoing reasons, IT IS ORDERED that this action is dismissed without 4 prejudice based on Plaintiff’s failure to file an amended complaint in compliance with this 5 Court’s April 12, 2016, order (ECF No. 2), and for failure to state a claim. 6 7 8 9 10 IT IS FURTHER ORDERED that Plaintiff’s application for leave to proceed in forma pauperis is DENIED as moot. IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly. DATED: This 7th day of June, 2016. DATED: This _____ day of May, 2016. 11 12 _________________________________ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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