Martinez v. Medical Administration Department of Mental Health et al

Filing 18

ORDER - IT IS ORDERED that this action is dismissed without prejudice based on Plaintiff's failure to file a fully complete application to proceed in forma pauperis or pay the full $402 filing fee in compliance with th is Court's order dated June 23, 2021. (ECF No. 7 ). IT IS FURTHER ORDERED that all pending motions (ECF Nos. 3 , 6 , 8 , 10 , 11 , 13 , 15 , and 17 ) are denied as moot. Clerk of Court will close the case and enter judgment accordingly. No other documents may be filed in this now-closed case. Signed by Judge Robert C. Jones on 9/7/2021. (Copies have been distributed pursuant to the NEF - SMR)

Case 3:21-cv-00278-RCJ-CLB Document 18 Filed 09/07/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY EDWARD MARTINEZ, II,

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Case No. 3:21-cv-00278-RCJ-CLB
Plaintiff

ORDER

v.
MEDICAL ADMINISTRATION
DEPARTMENT OF MENTAL HEALTH, et
al.,
Defendants

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On June 23, 2021, this Court issued an order directing Plaintiff to file a complaint

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and a fully complete application to proceed in forma pauperis or pay the full $402 filing

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fee on or before August 23, 2021. (ECF No. 7). On August 9, 2021, Plaintiff filed a

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complaint and an incomplete application to proceed in forma pauperis. (ECF Nos. 13,

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14). The August 23, 2021 deadline has now expired, and Plaintiff has not filed a fully

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complete application to proceed in forma pauperis or paid the full $402 filing fee.

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District courts have the inherent power to control their dockets and “[i]n the

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exercise of that power, they may impose sanctions including, where appropriate . . .

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dismissal” of a case. Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831

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(9th Cir. 1986). A court may dismiss an action, with prejudice, based on a party’s failure

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to prosecute an action, failure to obey a court order, or failure to comply with local rules.

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See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (affirming dismissal for

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noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.

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1992) (affirming dismissal for failure to comply with an order requiring amendment of

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complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (affirming dismissal

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for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of

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address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (affirming

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dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421,

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1424 (9th Cir. 1986) (affirming dismissal for lack of prosecution and failure to comply with

Case 3:21-cv-00278-RCJ-CLB Document 18 Filed 09/07/21 Page 2 of 3

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local rules).

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In determining whether to dismiss an action for lack of prosecution, failure to obey

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a court order, or failure to comply with local rules, the court must consider several factors:

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

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

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disposition of cases on their merits; and (5) the availability of less drastic alternatives.

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See Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at

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130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.

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Here, the Court finds that the first two factors, the public’s interest in expeditiously

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resolving this litigation and the Court’s interest in managing the docket, weigh in favor of

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dismissal. The third factor, risk of prejudice to Defendants, also weighs in favor of

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dismissal, since a presumption of injury arises from the occurrence of unreasonable delay

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in filing a pleading ordered by the court or prosecuting an action. See Anderson v. Air

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West, 542 F.2d 522, 524 (9th Cir. 1976).

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disposition of cases on their merits—is greatly outweighed by the factors in favor of

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dismissal discussed herein. Finally, a court’s warning to a party that his failure to obey

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the court’s order will result in dismissal satisfies the “consideration of alternatives”

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requirement. Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33; Henderson, 779

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F.2d at 1424. The Court’s order requiring Plaintiff to file a fully complete application to

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proceed in forma pauperis or pay the full $402 filing fee on or before August 23, 2021

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expressly stated: “IT IS FURTHER ORDERED that, if Plaintiff does not file complaint and

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a fully complete application to proceed in forma pauperis with all three documents or pay

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the full $402 filing fee for a civil action on or before August 23, 2021, this case will be

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subject to dismissal without prejudice for Plaintiff to refile the case with the Court, under

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a new case number, when Plaintiff is able to file a complaint and has all three documents

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needed to file a complete application to proceed in forma pauperis or pays the the full

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$402 filing fee.” (ECF No. 7 at 3). Thus, Plaintiff had adequate warning that dismissal

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would result from noncompliance with the Court’s order to file a fully complete application

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The fourth factor—public policy favoring

Case 3:21-cv-00278-RCJ-CLB Document 18 Filed 09/07/21 Page 3 of 3

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to proceed in forma pauperis or pay the full $402 filing fee on or before August 23, 2021.

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IT IS THEREFORE ORDERED that this action is dismissed without prejudice

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based on Plaintiff’s failure to file a fully complete application to proceed in forma pauperis

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or pay the full $402 filing fee in compliance with this Court’s order dated June 23, 2021.

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(ECF No. 7).

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IT IS FURTHER ORDERED that all pending motions (ECF Nos. 3, 6, 8, 10, 11, 13,
15, and 17) are denied as moot.
IT IS FURTHER ORDERED that the Clerk of Court will close the case and enter
judgment accordingly. No other documents may be filed in this now-closed case.
DATED: September 7, 2021.
ROBERT C. JONES
UNITED STATES DISTRICT JUDGE

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