Goodrum v. State of Nevada

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 MITCHELL KEITH GOODRUM, Case No. 2:21-cv-01510-GMN-NJK

4 Plaintiff ORDER

5 v.

6 STATE OF NEVADA, et al.,

7 Defendants

8 9 On August 16, 2021, this Court issued an order directing Plaintiff to file a fully 10 complete application to proceed in forma pauperis or pay the full $402 filing fee on or 11 before October 15, 2021. (ECF No. 3). With the August 16, 2021 order, the Court also 12 provided Plaintiff with an application form and instructions. On October 19, 2021, Plaintiff 13 filed a financial certificate and an inmate account statement for the previous six-month 14 period. (ECF No. 4). Plaintiff did not submit the Court's three-page application form. The 15 October 15, 2021 deadline has now expired, and Plaintiff has not filed a fully complete 16 application to proceed in forma pauperis or paid the full $402 filing fee. 17 District courts have the inherent power to control their dockets and “[i]n the 18 exercise of that power, they may impose sanctions including, where appropriate . . . 19 dismissal” of a case. Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 20 (9th Cir. 1986). A court may dismiss an action, with prejudice, based on a party’s failure 21 to prosecute an action, failure to obey a court order, or failure to comply with local rules. 22 See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (affirming dismissal for 23 noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 24 1992) (affirming dismissal for failure to comply with an order requiring amendment of 25 complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (affirming dismissal 26 for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of 27 address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (affirming 28 dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1 1424 (9th Cir. 1986) (affirming dismissal for lack of prosecution and failure to comply with 2 local rules). 3 In determining whether to dismiss an action for lack of prosecution, failure to obey 4 a court order, or failure to comply with local rules, the court must consider several factors: 5 (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 6 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 7 disposition of cases on their merits; and (5) the availability of less drastic alternatives. 8 See Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 9 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53. 10 Here, the Court finds that the first two factors, the public’s interest in expeditiously 11 resolving this litigation and the Court’s interest in managing the docket, weigh in favor of 12 dismissal. The third factor, risk of prejudice to Defendants, also weighs in favor of 13 dismissal, since a presumption of injury arises from the occurrence of unreasonable delay 14 in filing a pleading ordered by the court or prosecuting an action. See Anderson v. Air 15 West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor—public policy favoring 16 disposition of cases on their merits—is greatly outweighed by the factors in favor of 17 dismissal discussed herein. Finally, a court’s warning to a party that his failure to obey 18 the court’s order will result in dismissal satisfies the “consideration of alternatives” 19 requirement. Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33; Henderson, 779 20 F.2d at 1424. The Court’s order requiring Plaintiff to file a fully complete application to 21 proceed in forma pauperis or pay the full $402 filing fee on or before October 15, 2021 22 expressly stated: “IT IS FURTHER ORDERED that, if Plaintiff does not file a fully 23 complete application to proceed in forma pauperis with all three documents or pay the full 24 $402 filing fee for a civil action on or before October 15, 2021, this case will be subject to 25 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 26 number, when Plaintiff is has all three documents needed to file a complete application 27 to proceed in forma pauperis or pays the the full $402 filing fee.” (ECF No. 3 at 3). Thus, 28 Plaintiff had adequate warning that dismissal would result from noncompliance with the 1 Court’s order to file a fully complete application to proceed in forma pauperis or pay the 2 full $402 filing fee on or before October 15, 2021. 3 IT IS THEREFORE ORDERED that this action is dismissed without prejudice 4 based on Plaintiff’s failure to file a fully complete application to proceed in forma pauperis 5 or pay the full $402 filing fee in compliance with this Court’s order dated August 16, 2021. 6 (ECF No. 3). 7 IT IS FURTHER ORDERED that the Clerk of Court will close the case and enter 8 judgment accordingly. No other documents may be filed in this now-closed case. 9 DATED: O _c_t_o_b_e_r_ _2_5__,_ _2_0 21 ___ 10 GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE 11

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