Reevis v. Spokane County Superior Court

Opinion

EASTERUN. SD.I SDTIRSITCRTI COTF CWOAUSRHTI NGTON 2 Sep 08, 2021

SEAN F. MCAVOY, CLERK 3

EASTERN DISTRICT OF WASHINGTON 6

NO: 1:21-CV-03056-RMP 8 Plaintiff, ORDER DISMISSING ACTION 9 v.

COURTS, STATE OF SOCIAL AND HEALTH SERVICES ADMINISTRATION EASTERN 13 STATE HOSPITAL and YAKIMA COMPETENCY RESTORATION

15 Defendants.

17 By Order filed July 12, 2021, the Court instructed Plaintiff Charles Joseph 18 Reevis to provide his current mailing address and documents to proceed in forma 19 pauperis. ECF No. 6. The Order was mailed to Plaintiff at Spokane County 20 Detention Services. The Court cautioned Plaintiff that his failure to respond would 21 result in the dismissal of this action for failure to prosecute. Id. at 2. Plaintiff did 1 not respond to the Court’s Order and has filed nothing further in this action. 3 “Pursuant to Federal Rule of Civil Procedure 41(b), the district court may 4 dismiss an action for failure to comply with any order of the court.” Ferdik v.

5 Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). The district court should consider 6 five factors when deciding whether to dismiss a case for failure to obey a court 7 order:

8 (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 9 defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives. 10 11 Ferdik, 963 F.2d at 1260–61 (Citations omitted). 12 The first two factors weigh in favor of dismissal. The need to manage the 13 docket and the public’s interests are served by a quick resolution of civil rights 14 litigation. The third factor also favors dismissal. Defendants will not be 15 prejudiced if the claims are dismissed because the defendants have not yet been 16 served. Only the fourth factor arguably weighs against dismissal, but the 17 resolution of the filing fee requirement, and whether Plaintiff qualifies to proceed

18 in forma pauperis, must occur before reaching the merits of Plaintiff’s case, in any 19 event. See ECF Nos. 4 and 6.As for the fifth factor, the only less drastic alternative 20 would be to allow Plaintiff yet more time to comply with the Court’s directive. 21 Plaintiff, however, has already had nearly two months in which to supply the 1 required information and failed to do so. Allowing a further extension would 2 frustrate the purpose of the first two factors; therefore, the fifth factor favors 3 dismissal. On balance, the four factors that favor dismissal outweigh the one that 4 does not. Ferdik, 963 F.2d at 1263 (citing Malone v. United States Postal Serv, 833

5 F.2d 128, 133 n.2 (9th Cir. 1987) (four factors heavily supporting dismissal 6 outweigh one against dismissal)). 7 Accordingly, IT IS ORDERED:

8 1. This action is DISMISSED without prejudice for failure to obey a court 9 order. 10 2. This case is CLOSED. 11 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter

12 this Order, provide a copy to Plaintiff at his last known address and CLOSE the 13 file. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this 14 Order would not be taken in good faith and would lack any arguable basis in law or

15 fact. 16 DATED September 8, 2021. 17

s/ Rosanna Malouf Peterson 18 ROSANNA MALOUF PETERSON United States District Judge 19 20 21