(PC) Sterling v. Espitia ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINN D. STERLING, Case No. 1:22-cv-01097-HBK (PC) 12 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATIONS TO 14 D. ESPITIA, DISMISS ACTION WITHOUT PREJUDICE1 15 Defendant. 14-DAY DEADLINE 16 17 18 Plaintiff Quinn D. Sterling is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action. For the reasons set forth below, the undersigned recommends that the 20 District Court dismiss this action without prejudice for Plaintiff’s failure to comply with a court 21 order and prosecute this action. 22 BACKGROUND 23 Plaintiff initiated this action by filing a rights complaint under 42 U.S.C. § 1983 stemming 24 from events that occurred at Wasco State Prison. (Doc. No. 1). The complaint alleged Eighth 25 and Fourth Amendment claims in connection with Defendant’s disparaging remarks about the 26 size of Plaintiff’s genitalia during an unclothed body cavity search. (Id. at 5-6). Plaintiff sought 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 28 (E.D. Cal. 2022). 1 unspecified compensatory and punitive damages for his mental and emotional suffering. (Id. at 6- 2 7). 3 On August 21, 2023, the Court issued a screening order pursuant 28 U.S.C. § 1915A 4 finding the Complaint, as pled, failed to state any federal claim. (See generally Doc. No. 9, 5 “Screening Order”). The Court afforded Plaintiff three options: (1) file an amended complaint; 6 (2) file a notice that he intends to stand on his initial complaint subject to the undersigned 7 recommending the district court dismiss the complaint for reasons stated in the Screening Order; 8 or (3) file a notice to voluntarily dismiss this action, without prejudice, under Federal Rule of 9 Civil Procedure 41(a)(1) because no defendant had yet been served. (Id. at 7-8). The Court 10 directed Plaintiff to deliver his response to the Screening Order to correctional officials for 11 mailing no later than September 21, 2023. (Id. at 7, ¶1). The Court further expressly warned 12 Plaintiff that if he “fails to timely respond to this Court Order or seek an extension of time to 13 comply” the undersigned “will recommend that the district court dismiss this case as a sanction 14 for Plaintiff’s failure to comply with a court order and prosecute this action.” (Id. at 8, ¶ 2). As 15 of the date of this of these Findings and Recommendation, Plaintiff has failed to exercise any of 16 the three options, nor requested an extension of time to comply with the Screening Order, and the 17 time to do so has expired.2 See docket. 18 APPLICABLE LAW AND ANALYSIS 19 A. Legal Standard 20 Federal Rule of Civil Procedure 41(b) permits the court to involuntarily dismiss an action 21 when a litigant fails to prosecute an action or fails to comply with other Rules or with a court 22 order. See Fed. R. Civ. P. 41(b); see Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889 23 (9th Cir. 2019) (citations omitted). Similarly, this Court’s Local Rules, which correspond with 24 Federal Rule of Civil Procedure 11, provide, “[f]ailure of counsel or of a party to comply with … 25 any order of the Court may be grounds for the imposition by the Court of any and all sanctions … 26 within the inherent power of the Court.” E.D. Cal. L.R. 110. “District courts have inherent power 27 2 The undersigned allotted 14 days from the September 21, 2023, deadline to account for any delays in 28 mailing before issuing these Findings and Recommendations. 1 to control their dockets” and, in exercising that power, may impose sanctions, including dismissal 2 of an action. Thompson v. Housing Auth., City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). 3 A court may dismiss an action based on a party’s failure to prosecute an action, obey a court 4 order, or comply with local rules. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 5 1992) (dismissal for failure to comply with a court order to amend a complaint); Malone v. U.S. 6 Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987) (dismissal for failure to comply with a court 7 order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to 8 prosecute and to comply with local rules). In determining whether to dismiss an action, the Court 9 must consider the following factors: (1) the public’s interest in expeditious resolution of 10 litigation; (2) the Court’s need to manage its docket; (3) the risk of prejudice to the defendants; 11 (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less 12 drastic sanctions. Henderson, 779 F.2d at 1423; Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 13 1988). 14 B. Analysis 15 After considering each of the above-stated factors, the undersigned concludes dismissal 16 without prejudice is warranted in this case. As to the first factor, the expeditious resolution of 17 litigation is deemed to be in the public interest, satisfying the first factor. Yourish v. California 18 Amplifier, 191 F.3d 983, 990-91 (9th Cir. 1999). 19 Turning to the second factor, this Court’s need to efficiently manage its docket cannot be 20 overstated. This Court has “one of the heaviest caseloads in the nation,” and due to the delay in 21 filling judicial vacancies, which was further exacerbated by the Covid-19 pandemic, operates 22 under a declared judicial emergency. See Amended Standing Order in Light of Ongoing Judicial 23 Emergency in the Eastern District of California. This Court’s time is better spent on its other 24 matters than needlessly consumed managing a case with a recalcitrant litigant. The Court cannot 25 effectively manage its docket when a litigant ceases to litigate his/her case or respond to a court 26 order. Thus, the Court finds that the second factor weighs in favor of dismissal. 27 Delays inevitably have the inherent risk that evidence will become stale or witnesses’ 28 memories will fade or be unavailable and can prejudice a defendant, thereby satisfying the third 1 factor. See Sibron v. New York, 392 U.S. 40, 57 (1968). Thus, the third factor—risk of prejudice 2 to defendant—weighs in favor of dismissal since a presumption of injury arises from the 3 unreasonable delay in prosecuting an action. Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 4 1976). Because Plaintiff’s inaction amounts to an unreasonable delay in prosecuting this action, 5 the third factor weighs in favor of dismissal. 6 The fourth factor usually weighs against dismissal because public policy favors the 7 disposition of cases on the merits. Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002). 8 However, “this factor lends little support to a party whose responsibility it is to move a case 9 toward disposition on the merits but whose conduct impedes progress in that direction,” which is 10 the case here. In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 11 1228 (9th Cir. 2006) (citation omitted). Indeed, “trial courts do not have time to waste on 12 multiple failures by aspiring litigants to follow the rules and requirements of our courts.” 13 Pagtalunan v. Galaza, 291 F.3d 639, 644 (9th Cir. 2002) (Trott, J., concurring in affirmance of 14 district court’s involuntary dismissal with prejudice of habeas petition where petitioner failed to 15 timely respond to court order and noting “the weight of the docket-managing factor depends upon 16 the size and load of the docket, and those in the best position to know what that is are our 17 beleaguered trial judges.”). Further, as set forth in the Screening Order, the Court already 18 determined that the Complaint, as pled, failed to state a claim, so this factor does not weigh in 19 favor of the Plaintiff. 20 Finally, the Court’s warning to a party that failure to obey the court’s order will result in 21 dismissal satisfies the “considerations of the alternatives” requirement. Ferdik, 963 F.2d at 1262; 22 Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424. The Court’s August 21, 2023 Order 23 expressly warned Plaintiff that his failure to comply with the Court’s order would result in a 24 recommendation for dismissal of this action. (Doc. 9 at 8). Thus, Plaintiff had adequate warning 25 that dismissal could result from his noncompliance. And the instant dismissal is a dismissal 26 without prejudice, which is a lesser sanction than a dismissal with prejudice, thereby satisfying 27 the fifth factor. 28 After considering the factors set forth supra and binding case law, the undersigned 1 || recommends dismissal, without prejudice, under Fed. R. Civ. P. 41(b) and Local Rule 110. 2 Accordingly, it is ORDERED: 3 The Clerk of the Court randomly assign this case to a District Judge. 4 It is further RECOMMENDED: 5 This action be DISMISSED without prejudice for Plaintiffs failure to obey a court order 6 | and failure to prosecute this action. 7 NOTICE 8 These Findings and Recommendations will be submitted to the United States District 9 | Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 10 | of the date of service of these Findings and Recommendations, a party may file written objections 11 | with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 12 | and Recommendations.” A party’s failure to file objections within the specified time may result in 13 | waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 14 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 '© | Dated: _ October 5, 2023 Wiha. □□ fares Zackte 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28