Dunny v. Core Civic ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Johnny Dunny, Case No. 2:20-cv-01252-JAD-VCF 5 Plaintiff v. 6 Order Dismissing Core Civic, et. al., and Closing Case 7 Defendants 8 9 Plaintiff Johnny Dunny brings this civil-rights lawsuit to redress constitutional violations 10 that he claims he suffered while detained at Core Civic’s Nevada Southern Detention Center. On 11 October 25, 2021, this court dismissed plaintiff’s claims with leave to amend by November 24, 12 2021.1 The court warned the plaintiff that this case would be dismissed and closed if he failed to 13 file an amended complaint by that deadline.2 Plaintiff neither filed an amended complaint by 14 that deadline nor moved for an extension of time to do so. 15 The law permits a district court to dismiss an action based on a party’s failure to comply 16 with a court order.3 In determining whether to dismiss an action on this ground, the court must 17 consider: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 18 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 19 disposition of cases on their merits; and (5) the availability of less drastic alternatives.4 20 1 ECF No. 8. 21 2 Id. at 15. 22 3 See Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint). 23 4 In re Phenylpropanolamine Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006) (quoting Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)). 1 The first two factors, the public’s interest in expeditiously resolving this litigation and the 2 court’s interest in managing its docket, weigh in favor of dismissal of the plaintiff’s claims. The 3 third factor, risk of prejudice to defendants, also weighs in favor of dismissal because a 4 presumption of injury arises from the occurrence of unreasonable delay in filing a pleading 5 ordered by the court or prosecuting an action.5 The fourth factor—the public policy favoring 6 disposition of cases on their merits—is greatly outweighed by the factors favoring dismissal. 7 The fifth factor requires the court to consider whether less drastic alternatives can be used 8 to correct the party’s failure that brought about the court’s need to consider dismissal.6 Courts 9 “need not exhaust every sanction short of dismissal before finally dismissing a case, but must 10 explore possible and meaningful alternatives.”7 Because this action cannot proceed until and 11 unless plaintiff files an amended complaint, the only alternative is to enter a second order setting 12 another deadline. But the reality of repeating an ignored order is that it often only delays the 13 inevitable and squanders finite resources along the away. The circumstances here do not indicate 14 that this case will be an exception: there is no hint that Dunny needs additional time nor evidence 15 that he did not receive the court’s order. Setting another deadline is not a meaningful alternative 16 given these circumstances. So the fifth factor favors dismissal. 17 18 19 5 See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). 20 6 Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir. 1999) (explaining that considering less drastic alternatives before the party has disobeyed a court order does not satisfy this factor); 21 accord Pagtalunan v. Galaza, 291 F.3d 639, 643 & n.4 (9th Cir. 2002) (explaining that “the persuasive force of” earlier Ninth Circuit cases that “implicitly accepted pursuit of last drastic 22 alternatives prior to disobedience of the court’s order as satisfying this element[,]” i.e., like the “initial granting of leave to amend coupled with the warning of dismissal for failure to 23 comply[,]” have been “eroded” by Yourish). 7 Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986). ] Having thoroughly weighed these dismissal factors, I find that they weigh in favor of 2|| dismissal. IT IS THEREFORE ORDERED that THIS ACTION IS DISMISSED for failure to 3|| file an amended complaint by the court-ordered deadline, leaving no claims pending. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. No other documents may be filed in this now-closed case. 6 Dated: December 7, 2021 : nes U.S. District JudgeJennifexA/ Dorsey 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23