Guntrup v. Washoe County Jail

District Court, D. Nevada

Guntrup v. Washoe County Jail

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 * * *

9 KEVIN PATRICK GUNTRUP, Case No. 3:18-CV-00243-RCJ-WGC

10 Plaintiff, ORDER OF DISMISSAL

11 v.

12 WASHOE COUNTY JAIL, et al.,

13 Defendants.

14 15 Plaintiff filed an application to proceed in forma pauperis (ECF No. 1) and third amended 16 complaint (ECF No. 7). The Court screened the third amended complaint and dismissed the 17 complaint with leave to amend. (ECF No. 10). Plaintiff was ordered to file a new IFP and amended 18 complaint on or before August 15, 2019. The Court further ordered that “If Plaintiff fails to file a 19 fourth amended complaint within the 30 days, the action may be dismissed.” Plaintiff has not 20 complied with the Court’s order (ECF No. 10). 21 In determining whether to dismiss an action for lack of prosecution, failure to obey a court 22 order, or failure to comply with local rules, the court must consider several factors: (1) the public’s 23 interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the 24 risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their 25 merits; and (5) the availability of less drastic alternatives. See Thompson, 782 F.2d at 831; 26 Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 27 46 F.3d at 53. 28 1 IT IS HEREBY ORDERED that this action is DISMISSED for Plaintiffs failure to 2 | comply with Court Order (ECF No. 10). 3 IT IS FURTHER ORDERED that the Clerk of the Court shall close the case. 4 IT IS SO ORDERED, this 17 day of April, 2020. 5 6 . ROBERT C. JONES 7 United States Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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