Jones
v.
Nev. Bd. of Parole Comm'rs

UNITED STATES DISTRICT COURT DISTRICT OF NEVADASep 10, 2018
Case No.: 2:17-cv-02471-JAD-VCF (D. Nev. Sep. 10, 2018)

Case No.: 2:17-cv-02471-JAD-VCF

09-10-2018

Jason Marcus Jones, Plaintiff v. State of Nevada Board of Parole Commissioners, Defendant


Order Dismissing Action

Plaintiff Jason Marcus Jones brings this civil-rights case under § 1983 for events he alleges occurred during his incarceration at the Southern Desert Correctional Center. On July 30, 2018, the court denied his prisoner application to proceed in forma pauperis as moot because he was no longer incarcerated and gave him until August 29, 2018, to file a non-prisoner application or pay the $400 filing fee. The court expressly warned him that his failure to file a new application or pay the filing fee by that deadline would result in the dismissal of this case. The deadline has passed, and Jones has done neither.

ECF No. 1-1 (complaint).

ECF No. 3.

Id.

District courts have the inherent power to control their dockets and "[i]n the exercise of that power, they may impose sanctions including, where appropriate . . . dismissal" of a case. A court may dismiss an action with prejudice based on a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. In determining whether to dismiss an action for lack of prosecution, failure to obey a court order, or failure to comply with local rules, the court must consider several factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives.

Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).

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 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. 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).

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.

I find that the first two factors—the public's interest in expeditiously resolving the litigation and the court's interest in managing the docket—weigh in favor of dismissing this case. The risk-of-prejudice factor also weighs in favor of dismissal because a presumption of injury arises from the occurrence of unreasonable delay in filing a pleading ordered by the court or prosecuting an action. The fourth factor is greatly outweighed by the factors in favor of dismissal, and a court's warning to a party that his failure to obey the court's order will result in dismissal satisfies the consideration-of-alternatives requirement. Jones was warned that his case would be dismissed without prejudice if he failed to timely file a new application or pay the filing fee. So, Jones had adequate warning of the consequences should he not respond.

See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976).

Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424.

ECF No. 3. --------

Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice based on Jones's failure to file a new application or pay the filing fee in compliance with this court's July 30, 2018, order.

The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.

Dated: September 10, 2018

/s/_________


U.S. District Judge Jennifer A. Dorsey