United States District Court, D. Nevada
ORDER DISMISSING CASE
Muncy brings this pro se civil rights action under 42 U.S.C.
§ 1983 to redress constitutional violations he alleges
he suffered while an inmate at Nevada's High Desert State
Prison. On April 25, 2019, this court denied Muncy's
application to proceed in forma pauperis because it
was incomplete and ordered Muncy to file a new and
complete application or pay the full $400 filing fee by May
25, 2019, or this case would be dismissed. That deadline has
passed, and Muncy has not filed another application, paid the
filing fee, or otherwise responded to the order.
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. 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. 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
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. 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. Muncy was warned
that his case would be dismissed without prejudice if he
failed to file another application to proceed in forma
pauperis or pay the full filing fee within thirty days.6
So, Muncy had adequate warning that his failure to pay the
fee or submit a completed application would result in this
IT IS HEREBY ORDERED that this action is
DISMISSED without prejudice based on Muncy's
failure to file a complete application to proceed in
forma pauperis or pay the full filing fee in compliance
with this Court's April 25, 2019 order. The Clerk of
Court is directed to ENTER JUDGMENT accordingly and CLOSE
 ECF No. 3 at 2.
 Id. at 2.
 Thompson v. Hous. Auth. of City of
Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).
 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).
 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;
Ghazali, 46 F.3d at 53.
See Anderson v. Air West, 542
F.2d 522, 524 (9th Cir. 1976).
Ferdik, 963 F.2d at 1262;
Malone, 833 F.2d at 132-33; Henderson, 779
F.2d at 1424. 6 ECF ...