In Re Ogburn

• Court: District Court, D. Montana
• Decided: July 15, 2025
• Docket: 4:25-cv-00043
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION IN RE: JOHN MEADE OGBURN CV 25-43-GF-DWM ORDER

Plaintiff John Meade Ogburn (“Ogburn”) a pro se federal prisoner filed a handwritten document purporting to be a civil rights complaint pursuant to 42 U.S.C. §1983. On June 6, 2025, Ogburn was advised of the deficiencies in his filing and also informed him that he needed to pay the filing fee or submit a motion to proceed in forma pauperis. See, (Doc. 2.) Ogburn was given 21 days within which to respond. (/d. at 7-8.) Ogburn was advised that his failure to fully comply with the Court’s order would result in dismissal of this matter. (/d. at 7.) To date, Ogburn has failed to respond. Fed. R. Civ. P. 41(b) authorizes the Court to dismiss an action “[i]f the plaintiff fails to prosecute” the action or fails to comply with other Rules of the Court. See also Applied Underwriters v. Lichtenegger, 913 F. 3d 884, 889 (9" Cir. 2019)(citation omitted). A court may dismiss an action based on a party’s failure

to prosecute an action, obey a court order, or comply with the local rules. See Ferdik v. Bonzelet, 963 F. 2d 1258, 1260-61 (9" Cir. 1992)(dismissal for failure to comply with a court order to amend a complaint). The Court may dismiss a case

on its own without awaiting a motion. See Link v. Wabash Railroad Co., 370 US. 626, 633 (1962); Hells Canyon Preservation Council v. United States Forest Serv., 403 F. 3d 683, 689 (9" Cir. 2005). In determining whether a petitioner’s failure to prosecute warrants dismissal of the case, the Court must weigh the following five 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 drastic sanctions.” Carey v. King, 856 F.2d 1439, 1440 (9" Cir. 1988) (quoting Henderson

v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986)). “The first two of these factors favor the imposition of sanctions in most cases, while the fourth factor cuts against a default or dismissal sanction. Thus, the key factors are prejudice and availability of lesser sanctions.” Wanderer v. Johnson, 910 F.2d 652, 656 (9th Cir.1990). “The public’s interest in expeditious resolution of litigation always favors dismissal.” Yourish v. California Amplifier, 191 F. 3d 983, 990 (9™ Cir. 1999). Ogburn entirely failed respond to the Court’s order to amend. This factor weighs in favor of dismissal. Likewise, the second factor supports dismissal. “The trial judge is in the best position to determine whether the delay in a particular case interferes with docket management and the public interest.” Pagtalunan v. Galaza, 291 F. 3d 639 .

(9 Cir. 2002). The Court cannot manage its docket if Ogburn refuses to comply with the Court’s orders. Ogburn’s case has consumed judicial resources and time that could have been better spent on other matters. This factor, therefore, also favors dismissal. The third factor requires the Court to weigh the risk of prejudice to the Defendant. A rebuttable presumption of prejudice to respondents arises when a petitioner unreasonably delays prosecution of an action. Jn re Eisen, 31 F.3d 1447, 1452-53 (9" Cir. 1994). Nothing suggests that such a presumption is unwarranted in this matter, although it does not weigh heavily against Ogburn. The Court has considered less drastic alternatives. Alternatives may include “allowing further amended complaints, allowing additional time, or insisting that appellant associate experienced counsel.” Nevijel v. North Coast Life Insurance Co., 651 F. 2d 671, 674 (9" Cir. 1981). Although less drastic alternatives to dismissal should be considered, the Court is not required to exhaust all such alternatives prior to dismissal. Jd. Ogburn was afforded an adequate amount of time in which to prepare his amended petition and either pay the filing fee or submit a motion to proceed in forma pauperis. Further, Ogburn was advised that his failure to obey the court’s order would result in dismissal. See e.g., (Doc. 2 at 7.) Such a warning satisfies the considerations of the alternative requirement. See Ferdik, 963 F. 2d at 1262. Ogburn had adequate warning that dismissal would

result from his noncompliance. At this juncture, the Court can envision no further alternatives to dismissal. The last factor weighs against dismissal because public policy favors disposition of cases on their merits. Hernandez v. City of El Monte, 138 F. 3d 393, 399 (9" Cir. 1998). But in light of the other four factors favoring dismissal, the weight of this factor is slight. No further resources of the Court will be expended. This matter will be dismissed based upon Ogburn’s failure to prosecute pursuant to Fed. F. Civ. P. 41(b). Accordingly, IT IS ORDERED that: 1. Ogburn’s complaint (Doc. 1) is DISMISSED. 2. The Clerk of Court is directed to close this matter and enter judgment in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure. 3. The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal of this decision would not be taken in good faith. No reasonable

person could suppose an appeal would have merit. DATED this /Z fay of July, 2025.

foe A MUNA Donald ae Judge United State dt Court