Ensley v. Humboldt General Hospital et al

Filing 29

ORDER that pursuant to Local Rule 41-1, if no action is taken in this case on or before 03/31/2017, the Court will dismiss this action for want of prosecution and the Clerk of the Court shall enter final judgment accordingly. Signed by Judge Robert C. Jones on 03/10/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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HORTON HOWARD ENSLEY, JR.,
Plaintiff,

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vs.

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Case No.: 3:15-CV-00585-RCJ-WGC
ORDER

HUMBOLDT GENERAL HOSPITAL, et al.,

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Defendants.

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IT IS ORDERED that pursuant to Local Rule 41-1. If no action is taken in this case

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within twenty (20) days, the Court will dismiss the action for want of prosecution.

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Local Rule 41-1 provides as follows:

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“All civil actions that have been pending in this court for more than 270 days without

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any proceeding of record having been taken may, after notice, be dismissed for want of

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prosecution by the court sua sponte or on the motion of an attorney or pro se party.”

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Be advised the official record in this action reflects that this case has been pending for

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TWO HUNDRED EIGHTY THREE (283) days without any proceeding having been taken

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during such period.

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

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

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///

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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of

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cases on their merits; and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46

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F.3d 52, 53 (9th Cir. 1995) (internal citations and quotations omitted). All five factors point in

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favor of dismissal.

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If no action is taken in this case on or before FRIDAY, MARCH 31, 2017, the Court

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will dismiss this action for want of prosecution and the Clerk of the Court shall enter final

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judgment accordingly.

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DATED this 10th day of March, 2017.

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ROBERT C. JONES
United States District Judge

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