Green v. California Department of Corrections ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Janet Green, No. 2:18-cv-02962-KJM-DB 12 Plaintiff, ORDER 13 v. 14 California Department of Corrections, et al., 1S Defendants. 16 17 Jack Duran was specially appointed in this case to assist plaintiff Janet Green in preparing 18 | and filing an amended complaint. ECF No. 8. The court also set a deadline for the filing of an 19 | amended complaint and extended that deadline. ECF No. 10. No amended complaint has been 20 | filed. The court ordered plaintiff to show cause why this action should not be dismissed for lack 21 | of prosecution on April 12, 2021. ECF No. 11. Mr. Duran reports that his client has not 22 | responded to his inquiries and has not provided necessary documents. ECF No. 12. 23 The court has considered (1) “the public’s interest in expeditious resolution of litigation,” 24 | (2) “the court’s need to manage its docket,” (3) “the risk of prejudice to the defendants,” (4) “the 25 | public policy favoring disposition of cases on their merits,” and (5) “the availability of less drastic 26 | sanctions.” Dahl v. City of Huntington Beach, 84 F.3d 363, 366 (9th Cir. 1996). Plaintiff appears 27 | unable or unwilling to move this case forward despite Mr. Duran’s appointment. This court must 28 | manage its docket and this case, which has now been pending for several years without progress. 1 | The court has also extended deadlines and warned that the action may be dismissed, but without 2 | response. If this action were eventually brought to discovery and trial, the defendants would be 3 | prejudiced by plaintiffs delays. These factors all weigh in favor of dismissal. The public policy 4 | in favor of resolving this case on its merits weighs against dismissal, but at this stage, such a 5 | resolution appears unlikely. 6 This action is therefore dismissed for lack of prosecution under Rule 41(b). The clerk’s 7 | office is directed to close the case. 8 IT IS SO ORDERED. 9 DATED: September 29, 2021. [\ (] 10 ( ti / { q_/ CHIEF NT] ED STATES DISTRICT JUDGE