Orso v. Ruiyin ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 MATTHEW E. ORSO, Case No. 2:22-CV-343 JCM (NJK) 8 Plaintiff(s), ORDER 9 v. 10 TODD DISNER, et al., 11 Defendant(s). 12 13 Presently before the court is the matter of Orso v. Ruiyin, case number 2:22-cv-00343- 14 JCM-NJK. 15 Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to prosecute or 16 to comply with these rules or a court order, a defendant may move to dismiss the action or any 17 claim against it.” Fed. R. Civ. P. 41(b). This court also has the inherent power to sua sponte 18 dismiss a case for want of prosecution or compliance with court orders. Link v. Wabash R. Co., 19 370 U.S. 626, 630–31 (1962); Pagtalunan v. Galaza, 291 F.3d 639, 640–43 (9th Cir. 2002); 20 Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). 21 This inherent power is also codified in this court’s local rules. Local Rule 41-1 provides 22 that “[a]ll civil actions that have been pending in this court for more than 270 days without any 23 proceeding of record having been taken may, after notice, be dismissed for want of prosecution 24 by the court sua sponte or on the motion of an attorney or pro se party.” LR 41-1. 25 On December 1, 2022, the court notified the parties that “[i]f no action is taken in this 26 case by 12/31/2022, the court shall enter an order of dismissal for want of prosecution.” (ECF 27 No. 9). No party responded or otherwise commenced any proceeding of record. 28 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this matter be, and the 3 same hereby is, DISMISSED for want of prosecution. 4 The clerk shall close the case. 5 DATED February 22, 2023. 6 Me itas C. Aalan 7 UNITED,STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 es C. Mahan District Judge _2-