Hackett v. grta.gov

Opinion

7 THE DISTRICT COURT OF GUAM 8

9 CLIFFORD HACKETT, CIVIL CASE NO. 20-00022 10 Plaintiff, 11 vs. ORDER 12 GRTA.GOV, 13 Defendant. 14

15 Before the court is the U.S. Magistrate Judge’s Report and Recommendation to Dismiss 16 Complaint with Leave to Amend and to Deny Application to Waive Fees, file by Fax and to 17 Serve Opposing Party by Fax or Email. ECF No. 2. For the reasons stated herein, the court 18 ADOPTS IN PART the Report and Recommendation. The Application to Proceed without 19 Prepayment of Fees is DENIED. The above-captioned matter is DISMISSED with prejudice. 20 The U.S. Magistrate Judge recommends the dismissal of the case for the following 21 reasons. First, the Complaint lacks factual allegations to establish that Plaintiff has standing to 22 bring a claim under the Americans with Disabilities Act. R. & R. at 3, ECF No. 2. Second, the 23 Complaint fails to allege that Plaintiff is a person with a disability. Id. at 4. Thus, the U.S. 24 Magistrate Judge recommends dismissal of the Complaint with leave to amend. 1 The court finds that granting leave to amend would be futile. The Report and 2 || Recommendation was mailed to Plaintiff. Said mail was returned as undeliverable. See ECF No. 3 Plaintiff provided the following mailing address, “General Delivery, Barrigada, GU, 96913.” 4 Compl. at 1, ECF No. 1. Plaintiff has not provided any other contact information, and this court 5 || has no means to serve him the Report and Recommendation. 6 The court has the inherent power to sua sponte dismiss a case for lack of prosecution. Ash 7 || v. Cvetkov, 739 F.2d 493, 493 (9th Cir. 1984). “[T]he district court must weigh the court’s need 8 || to manage its docket, the public interest in expeditious resolution of litigation, and the risk of 9 || prejudice to the defendants against the policy favoring disposition of cases on their merits, and 10 || the availability of less drastic sanctions.” Jd. (citations omitted). Here, the case is unable to 11 || proceed because Plaintiff cannot be contacted. Had he provided the correct mailing address, the 12 || Report and Recommendation would have been delivered to him, and he would have had the 13 || opportunity to amend his Complaint. There are no other less drastic sanctions. Further, the 14 || dismissal of the Complaint does not prejudice Defendant, as Defendant has not even been served. 15 || Accordingly, this case is DISMISSED with prejudice. 16 SO ORDERED. M /s/ Frances M. Tydingco-Gatewood 18 a Chief Judge ’ &@ Dated: Jan 29, 2021

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