United States United States of America v. $16,000.00 in United States Currency

Opinion

1 2 A DISTRICT OF NEVADA 5 kee

6 UNITED STATES OF AMERICA, Case No. 3:19-cv-00319-MMD-WGC 7 Plaintiff, ORDER 3 V. $16,000.00 in United States Currency, ° Defendant. 10 11 Plaintiff United States of America filed a civil complaint for in rem forfeiture against 12 $16,000.00 in United States Currency (“Property”). (ECF No. 1.) Donald Keith Averill 13 appeared in this matter making a claim to the Property (ECF No. 6). On October 22, 2019, 14 the Court denied Averill’s claim with leave to file an amended claim. (ECF No. 11.) Averill 15 had 15 days after the Court issued its order to amend, but has failed to do so to date. (See 16 id.) The Court will therefore dismiss his claim to the Property. See, e.g., Thompson v. 17 Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986) (explaining that courts have 18 inherent power to control their dockets and “[i]Jn the exercise of that power, they may 19 impose sanctions including, where appropriate . . . dismissal”); Ferdik v. Bonzelet, 963 20 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring 21 amendment of complaint); Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987) 22 (dismissal for failure to comply with court order). 23 It is therefore ordered that Averill’s claim (ECF No. 6) is dismissed without 24 prejudice. 25 DATED THIS day of December 2019. 26 “A {Sho MIRANDA M. DU 28 CHIEF UNITED STATES DISTRICT JUDGE