Hillard v. Sanchez et al

Filing 7

ORDER that this action is dismissed with prejudice; ECF No. 1 Motion to proceed in forma pauperis is denied as moot; clerk directed to enter judgment. Signed by Judge Miranda M. Du on 12/4/2017. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 STEVEN HILLARD, 10 11 12 13 Case No. 3:16-cv-00682-MMD-VPC Plaintiff, ORDER v. DR. SANCHEZ 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 October 25, 2017, the Court issued an order dismissing the 16 complaint with leave to amend and directed Plaintiff to file an amended complaint within 17 thirty (30) days. (ECF No. 5 at 6). The thirty-day period has now expired, and Plaintiff 18 has not filed an amended complaint 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 factors 18 in favor of dismissal discussed herein. Finally, a court’s warning to a party that his 19 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 amended 22 complaint within thirty days expressly stated: “It is further ordered that, if Plaintiff fails to 23 file an amended complaint curing the deficiencies outlined in this order, this action will 24 be dismissed with prejudice.” (ECF No. 5 at 7). Thus, Plaintiff had adequate warning 25 that dismissal would result from his noncompliance with the Court’s order to file an 26 amended complaint within thirty days. 27 /// 28 /// -2- 1 It is therefore ordered that this action is dismissed with prejudice based on 2 Plaintiff’s failure to file an amended complaint in compliance with this Court’s October 3 25, 2017, order. 4 5 It is further ordered that the motion to proceed in forma pauperis (ECF No. 1) is denied as moot. 6 It is further ordered that the Clerk of Court enter judgment accordingly. 7 DATED THIS 4th day of December 2017. 8 9 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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