Emanuel v. Collins

Opinion

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4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 TROY EMANUEL JR., ) Case No.: 3:20-CV-00566-RCJ-CSD 10 ) ) 11 Plaintiffs, ) O PRR ED JE UR D O ICF E D PI USM RSIS US AA NL T W TI OT H FRO CU PT 4(m) ) 12 vs. ) ) 13 COLLINS, et al., ) ) 14 ) Defendants. ) 15 )

16 The Court filed the Notice of Intent to Dismiss Pursuant to FRCP 4(m) (ECF No. 52) on 17 18 April 27, 2022. Plaintiff was ordered to provide the Court with proof of service as to the 19 following party: BROWN on or before May 27, 2022. 20 Before dismissing the action, the district court is required to weigh several factors: (1) the 21 public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its docket; 22 23 (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on 24 their merits; and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46 F.3d 34, 53 25 (9th Cir. 1995) (internal citations and quotations omitted). All five factors point in favor of 26 dismissal. 27 28 1 Plaintiff has failed to show good cause why these parties should not be dismissed without prejudice for failure to file proof of proper service with this Court pursuant to FRCP 4(m) and 3 failure to comply with the Notice of Intention to Dismiss (ECF No. 52). 4 5 IT IS HEREBY ORDERED that Defendant BROWN is DISMISSED WITHOUT 6 || PREJUDICE for Plaintiff's failure to comply with the Court’s Notice of Intention to Dismiss 7 || (ECF No. 52) pursuant to FRCP 4(m). 8 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment 9 dingly. || accordingly 11 IT ISSO ORDERED. 12 Dated this 9" day of August, 2022. 13

ERT C. JQAPES 16 United States Pigtrict Judge 17 18 19 20 21 22 23 24 25 26 27 28