Linlor v. Nevada Secretary of State

Opinion

* * * JAMES LINLOR, Case No. 3:20-cv-00165-MMD-CLB Plaintiff, ORDER v. Defendant. Pro se Plaintiff James Linlor appears to have been attempting to sue the Nevada Secretary of State to allow him to wear political apparel into a polling place during the November 2020 general election. (ECF Nos. 1-1, 1-2, 5.) In a prior order, the Court dismissed Plaintiff’s action, but granted Plaintiff leave to file a complaint within 30 days. (ECF No. 7.) The Court explicitly stated in that order that, “if Plaintiff decides to file a complaint to initiate a case including allegations related to the content of his letter and petition, he must do so within 30 days of the date of entry of this order.” (Id. at 4.) To date, Plaintiff has not filed a complaint. “Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss an action for failure to comply with any order of the court.” Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992); see also id. at 1260-63 (affirming dismissal for failure to comply with an order requiring amendment of complaint). And as a function of that power in this case, the Court will dismiss Plaintiff’s case with prejudice because Plaintiff has not filed a complaint within the time provided by the Court, despite the Court’s order that he must. It is therefore ordered that this case is dismissed with prejudice. /// /// /// DATED THIS 7th Day of December 2020.

CHIEF UNITED STATES DISTRICT JUDGE