Allison v. Clark County Courts ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Ronald J. Allison, Case No. 2:21-cv-01395-JAD-NJK 5 Plaintiff v. 6 Order Dismissing Clark County Courts, et. al., and Closing Case 7 Defendants 8 9 Plaintiff Ronald J. Allison brings this civil-rights lawsuit to redress constitutional 10 violations that he claims he suffered while detained at the Clark County Detention Center. On 11 July 30, 2021, this Court ordered the plaintiff file a complaint in compliance with Local Special 12 Rule 2-1 (“LSR 2-1”) and to either pay the $402 filing fee or file a complete in forma pauperis 13 application by September 28, 2021.1 That deadline expired without the filing of a complaint in 14 compliance with LSR 2-1, an application, or payment of the filing fee. 15 District courts have the inherent power to control their dockets and “[i]n the exercise of 16 that power, they may impose sanctions including, where appropriate . . . dismissal” of a case.2 A 17 court may dismiss an action based on a party’s failure to prosecute an action, failure to obey a 18 court order, or failure to comply with local rules.3 In determining whether to dismiss an action 19 20 1 ECF No. 3. 21 2 Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). 22 3 See Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992) (dismissal for failure to 23 comply with an order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440– 41 (9th Cir. 1988) (dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1 on one of these grounds, the court must consider: (1) the public’s interest in expeditious 2 resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the 3 defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the 4 availability of less drastic alternatives.4 5 The first two factors, the public’s interest in expeditiously resolving this litigation and the 6 court’s interest in managing its docket, weigh in favor of dismissal of the plaintiff’s claims. The 7 third factor, risk of prejudice to defendants, also weighs in favor of dismissal because a 8 presumption of injury arises from the occurrence of unreasonable delay in filing a pleading 9 ordered by the court or prosecuting an action.5 A court’s warning to a party that its failure to 10 obey the court’s order will result in dismissal satisfies the fifth factor’s “consideration of 11 alternatives” requirement,6 and that warning was given here.7 The fourth factor—the public 12 policy favoring disposition of cases on their merits—is greatly outweighed by the factors 13 favoring dismissal. 14 IT IS THEREFORE ORDERED that THIS ACTION IS DISMISSED without prejudice 15 based on the plaintiff’s failure to file a complaint in compliance with LSR 2-1 or an application 16 to proceed in forma pauperis or pay the filing fee as ordered. The Clerk of Court is directed to 17 ENTER JUDGMENT accordingly and CLOSE THIS CASE. No other documents may be 18 filed in this now-closed case. If Ronald J. Allison wishes to pursue his claims, he must file a 19 20 1987) (dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure to comply with local rules). 21 4 Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423–24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260–61; Ghazali, 46 F.3d at 53. 22 5 See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). 23 6 Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132–33; Henderson, 779 F.2d at 1424. 7 ECF No 3 at 2–3. complaint in compliance with LSR 2-1 in a new case, and he must either pay the $402 filing fee 2|| or file a complete in forma pauperis application in that new case. 3 Dated: October 12, 2021 U.S. DistrivtJudge Jennrfer A. Dorsey 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23