(PC) Iglesias v. Dowback ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISRAEL IGLESIAS, Case No. 1:19-cv-00836-DAD-JDP 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT CASE BE DISMISSED FOR FAILURE 13 v. TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER 14 JOHN M. DOWBACK, et al., 15 Defendants. OBJECTIONS DUE IN FOURTEEN DAYS 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action pursuant 18 to 42 U.S.C. § 1983. Plaintiff has not paid the $400.00 filing fee or applied to proceed in forma 19 pauperis. On August 21, 2019, I ordered plaintiff to do so, see ECF No. 7, but have received no 20 response. 21 The court may dismiss a case for plaintiff’s failure to prosecute or failure to comply with a 22 court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 23 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a court has a duty to 24 resolve disputes expeditiously. See Fed. R. Civ. P. 1; Pagtalunan v. Galaza, 291 F.3d 639, 642 25 (9th Cir. 2002). 26 In considering whether to dismiss a case for failure to prosecute, a court ordinarily 27 considers five factors: “(1) the public’s interest in expeditious resolution of litigation; (2) the 28 court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy 1 | favoring disposition of cases on their merits and (5) the availability of less drastic sanctions.” 2 | Omstead v. Dell, Inc., 594 F.3d 1081, 1084 (9th Cir. 2010) (quoting Henderson v. Duncan, 779 3 | F.2d 1421, 1423 (9th Cir. 1986)). The fourth factor weighs against dismissal. But dismissal 4 | would promote expeditious resolution, see Pagtalunan, 291 F.3d at 642, and would allow our 5 | overburdened court to more effectively manage the docket. Further delay increases the risk that 6 || memories will fade and evidence will be lost, and at this stage in the proceeding there is no 7 | satisfactory lesser sanction that would protect the court’s scarce resources. Therefore, I find that 8 | the first, second, third, and fifth factors weigh in favor of dismissal, and I recommend dismissal 9 | without prejudice on that basis. 10 | FINDINGS AND RECOMMENDATIONS 11 I recommend that the case be dismissed for plaintiff's failures to prosecute and comply 12 | with acourt order. I submit these findings and recommendations to the U.S. district judge 13 | presiding over the case under 28 U.S.C. § 636(b)(1)(B) and Local Rule 304. Within fourteen 14 | days of the service of the findings and recommendations, the parties may file written objections to 15 | the findings and recommendations with the court and serve a copy on all parties. The document 16 | containing the objections must be captioned “Objections to Magistrate Judge’s Findings and 17 | Recommendations.” The presiding district judge will then review the findings and 18 || recommendations under 28 U.S.C. $ 636(b)(1)(C). 19 20 IT IS SO ORDERED. CN prs senn □□□ _ Dated: _ October 29, 2019 22 UNIT#D STATES MAGISTRATE JUDGE 23 24 25 | No. 205 26 27 28