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Flores v. State

United States District Court, D. Nevada

May 13, 2019

Eric J. Flores, Plaintiff
v.
State of Nevada, et al., Defendants

          ORDER DISMISSING ACTION

          Jennifer A. Dorsey, U.S. District Judge

          Plaintiff Eric J. Flores brings this civil-rights case under § 1983 for events he alleges occurred during his incarceration at High Desert State Prison (“HDSP”).[1] On February 14, 2019, the Court directed Flores to file a fully completed application to proceed in forma pauperis or pay the $400 filing fee.[2] In a March 6, 2019, order granting an extension of time to file an application to proceed in forma pauperis, the Court expressly warned Flores that this case would be dismissed unless he filed the completed application or paid the filing fee by April 18, 2019.[3]The deadline has passed, and Flores has done nothing.

         District courts have the inherent power to control their dockets and “[i]n the exercise of that power, they may impose sanctions including, where appropriate . . . dismissal” of a case.[4] A court may dismiss an action with prejudice based on a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules.[5] In determining whether to dismiss an action for lack of prosecution, failure to obey a court order, or failure to comply with local rules, the court must consider several factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives.[6]

         I find that the first two factors-the public's interest in expeditiously resolving the litigation and the court's interest in managing the docket-weigh in favor of dismissing this case. The risk-of-prejudice factor also weighs in favor of dismissal because a presumption of injury arises from the occurrence of unreasonable delay in filing a pleading ordered by the court or prosecuting an action.[7] The fourth factor is greatly outweighed by the factors in favor of dismissal, and a court's warning to a party that his failure to obey the court's order will result in dismissal satisfies the consideration-of-alternatives requirement.[8] Flores was warned that his case would be dismissed if he failed to pay the fee or submit a completed application by April 18, 2019.[9] So, Flores had adequate warning that his failure to pay the fee or submit a completed application would result in this case's dismissal.

         Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice based on Flores's failure to pay the fee or submit a completed application in compliance with this Court's March 6, 2019, order; and

         The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.

---------

Notes:

[1] ECF No. 1-1 (complaint).

[2] ECF No. 3 (order).

[3] ECF No. 5 (order).

[4] Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).

[5] See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure to comply with local rules).

[6] Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Gha ...


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