Opinion

Brown v. Baze

Court
District Court, D. Nevada
Filed
Feb 11, 2021
Cited by
0 cases
Authority
More cited than 26.1%

dismissal for noncompliance 3 with local rule

How later courts described this case

  • dismissal for noncompliance 3 with local rule
  • dismissal for failure to comply with court order
  • dismissal for lack of prosecution and 9 failure to comply with local rules
  • dismissal 4 for failure to comply with an order requiring amendment of complaint

Written by the judges who cited it.

The opinion

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6 UNITED STATES DISTRICT COURT

7 DISTRICT OF NEVADA

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9 DARREN BROWN, Case No. 3:19-cv-00684-APG-WGC

10 Plaintiff, ORDER

11 v.

BAZE, et al.,

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Defendants.

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This action is a pro se civil rights action filed pursuant to 42 U.S.C. § 1983 by a

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former state prisoner. On January 6, 2021, this Court issued an order denying the

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application to proceed in forma pauperis for prisoners as moot because Plaintiff was no

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longer incarcerated. (ECF No. 15). The Court ordered Plaintiff to file a fully complete

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application to proceed in forma pauperis for non-prisoners or pay the full filing fee of

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$400.00 within thirty (30) days from the date of that order. (Id.) The Court also ordered

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Plaintiff to file an updated address within thirty (30) days from the date of that order. (Id.)

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The thirty-day period has now expired, and Plaintiff has not filed an application to proceed

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in forma pauperis for non-prisoners, paid the full filing fee, filed an update address, or

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otherwise responded to the Court’s order.

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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

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

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

3 with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal

4 for failure to comply with an order requiring amendment of complaint); Carey v. King, 856

5 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply with local rule requiring

6 pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 833

7 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with court order); Henderson

8 v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and

9 failure to comply with local rules).

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

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

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

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

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

15 Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130;

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

17 In the instant case, the Court finds that the first two factors, the public’s interest in

18 expeditiously resolving this litigation and the Court’s interest in managing the docket,

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

20 in favor of dismissal, since a presumption of injury arises from the occurrence of

21 unreasonable delay in filing a pleading ordered by the court or prosecuting an action. See

22 Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor – public policy

23 favoring disposition of cases on their merits – is greatly outweighed by the factors in favor

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

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

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

27 F.2d at 1424. The Court’s order requiring Plaintiff to update his address and to file an

28 application to proceed in forma pauperis for non-prisoners or pay the full filing fee within

1 thirty (30) days expressly stated that, if Plaintiff failed to timely comply with the order, his

case would be subject to dismissal. (ECF No. 15 at 2). Thus, Plaintiff had adequate

3 | warning that dismissal would result from his noncompliance with the Court’s order to file

4) an updated address and to file an application to proceed in forma pauperis for non-

5 | prisoners or pay the full filing fee within thirty (30) days.

6 It is therefore ordered that this action is dismissed without prejudice based on

7 | Plaintiff's failure to update his address and his failure to file an application to proceed in

8 | forma pauperis for non-prisoners or pay the full filing fee in compliance with this Court’s

9) January 6, 2021 order.

10 It is further ordered that the Clerk of Court shall enter judgment accordingly and

11 close this case.

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13 DATED THIS 11th day of February 2021.

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15 UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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