Jackson v. Daniels

Filing 10

ORDER - This action is dismissed without prejudice. Clerk is directed to enter judgment accordingly and close the case. Signed by Chief Judge Miranda M. Du on 4/28/2021. (ECF No. 4 Motion for Summary Judgment terminated). (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CHARLIE D. JACKSON,
Plaintiff,

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ORDER

v.

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Case No. 3:20-cv-00705-MMD-CLB

CHARLES DANIELS,
Defendant.

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Plaintiff Charlie D. Jackson, who is incarcerated in the custody of the Nevada

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Department of Corrections, submitted a civil rights complaint pursuant to 42 U.S.C. §

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1983, and filed an application to proceed in forma pauperis. (ECF No. 1.) In a prior order,

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the Court directed Jackson to show cause why the Court should not dismiss the action

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for failure to voluntarily dismiss the case pursuant to a global settlement of claims 1 and

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failure to return an in forma pauperis application or affidavit prior to March 31, 2021. (ECF

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No. 9.) The Court explicitly stated that, “if Jackson does not respond to this Order by April

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23, 2021, the Court will dismiss this action without prejudice.” (Id.) April 23, 2021 has

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passed, but Jackson has not responded.

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“Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss

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an action for failure to comply with any order of the court.” Ferdik v. Bonzelet, 963 F.2d

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1258, 1260 (9th Cir. 1992); see also id. at 1260-63 (affirming dismissal for failure to

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comply with an order requiring amendment of complaint). As a function of that power in

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this case, the Court will dismiss this action without prejudice because Jackson has not

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responded within the time provided by the Court.

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///

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1Jackson

agreed to file a voluntary dismissal in this case (ECF No. 7) pursuant to
a global settlement of claims in Jackson v. Garrett, et. al., Case No. 3:20-cv-00511-MMDWGC (ECF No. 23).

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It is therefore ordered that Jackson’s action is dismissed without prejudice.

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The Clerk of Court is directed to enter judgment accordingly and close the case.

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DATED THIS 28th Day of April 2021.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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