Carroll v. D. Alatorre

D. Nevada

Carroll v. D. Alatorre

DecidedJune 5, 2025

Docket2:24-cv-01198

StatusUnknown

This text of Carroll v. D. Alatorre (Carroll v. D. Alatorre) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Kasey Carroll, Case No. 2:24-cv-01198-CDS-BNW

5 Plaintiff Notice Regarding Intent to Dismiss Under Local Rule 41-1 6 v.

7 D. Alatorre, et al.,

8 Defendants

9 10 Plaintiff Kasey Carroll initiated this action in July 2024 without paying the filing fee or 11 filing an application to proceed in forma pauperis. Compl., ECF No. 1. So United States Magistrate 12 Judge Brenda Weksler ordered Carroll to either: (1) file a complete application or (2) pay the full 13 $405 fee for a civil action by August 7, 2024. Order, ECF No. 3. Almost a year has passed since 14 that deadline and Carroll has not submitted either option, requested more time to do so, or 15 communicated with the court in any way. 16 This district’s Local Rules provide for dismissal of an action for want of prosecution: 17 All civil actions that have been pending in this Court for more than 270 days without any proceeding of record having been taken may, after notice, 18 be dismissed for want of prosecution by the court sua sponte or on the motion of an attorney or pro se party. 19 20 LR 41-1. Further, it is within the inherent power and discretion of the court to sua sponte 21 dismiss a civil case for lack of prosecution. Fed. R. Civ. P. 41(b). A plaintiff must prosecute his 22 case with “reasonable diligence” to avoid dismissal under to Rule 41(b). Anderson v. Air W., 23 Inc., 542 F.2d 522, 524 (9th Cir. 1976). Therefore, this serves as notice that the complaint will be 24 dismissed for lack of prosecution under LR 41-1 and Fed. R. Civ. P. 41(b) unless Carroll takes 25 action in this matter. 26 1 This notice may be discharged by: (1) filing a complete application to proceed in forma pauperis in compliance with 28 U.S.C. § 1915(a)(1) and LRS 1-1 or (2) paying the full $405 filing fee. Failure to respond by June 20, 2025, will result in dismissal without prejudice without 4|| further notice. 5 Dated: June 5, 2025 /, / 6 bhcaa— CristiwaD. Sitva 7 U ined States District Judge 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Kasey Carroll, Case No. 2:24-cv-01198-CDS-BNW

5 Plaintiff Notice Regarding Intent to Dismiss Under Local Rule 41-1 6 v.

7 D. Alatorre, et al.,

8 Defendants

9 10 Plaintiff Kasey Carroll initiated this action in July 2024 without paying the filing fee or 11 filing an application to proceed in forma pauperis. Compl., ECF No. 1. So United States Magistrate 12 Judge Brenda Weksler ordered Carroll to either: (1) file a complete application or (2) pay the full 13 $405 fee for a civil action by August 7, 2024. Order, ECF No. 3. Almost a year has passed since 14 that deadline and Carroll has not submitted either option, requested more time to do so, or 15 communicated with the court in any way. 16 This district’s Local Rules provide for dismissal of an action for want of prosecution: 17 All civil actions that have been pending in this Court for more than 270 days without any proceeding of record having been taken may, after notice, 18 be dismissed for want of prosecution by the court sua sponte or on the motion of an attorney or pro se party. 19 20 LR 41-1. Further, it is within the inherent power and discretion of the court to sua sponte 21 dismiss a civil case for lack of prosecution. Fed. R. Civ. P. 41(b). A plaintiff must prosecute his 22 case with “reasonable diligence” to avoid dismissal under to Rule 41(b). Anderson v. Air W., 23 Inc., 542 F.2d 522, 524 (9th Cir. 1976). Therefore, this serves as notice that the complaint will be 24 dismissed for lack of prosecution under LR 41-1 and Fed. R. Civ. P. 41(b) unless Carroll takes 25 action in this matter. 26 1 This notice may be discharged by: (1) filing a complete application to proceed in forma pauperis in compliance with 28 U.S.C. § 1915(a)(1) and LRS 1-1 or (2) paying the full $405 filing fee. Failure to respond by June 20, 2025, will result in dismissal without prejudice without 4|| further notice. 5 Dated: June 5, 2025 /, / 6 bhcaa— CristiwaD. Sitva 7 U ined States District Judge 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

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