1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 CORY LEE MOGG, Case No. 2:18-cv-02272-RFB-BNW 4 Plaintiff ORDER 5 v.

6 JAMES DZURENDA, Defendants 7 8 This action began with a pro se civil rights complaint filed under

9 by a former state prisoner. On October 18, 2019, the Magistrate Judge issued an order 10 directing Plaintiff to file his updated address and a non-prisoner Application to Proceed In Forma Pauperis with this Court within thirty (30) days. (ECF No. 9.) The thirty-day period 11 has now expired, and Plaintiff has not filed his updated address, a non-prisoner 12 Application to Proceed In Forma Pauperis, or otherwise responded to the Magistrate 13 Judge’s order. 14 “District courts have the inherent power to control their dockets. In the exercise of 15 that power, they may impose sanctions including, where appropriate . . . dismissal.” 16 Thompson v. Hous. Auth. of City of Los Angeles,

(9th Cir. 1986) 17 (citation omitted). A court may dismiss an action, with prejudice, based on a party’s failure 18 to prosecute an action, failure to obey a court order, or failure to comply with local rules. 19 See Ghazali v. Moran,

(9th Cir. 1995) (affirming dismissal for 20 noncompliance with local rule); Ferdik v. Bonzelet,

(9th Cir. 21 1992) (affirming dismissal for failure to comply with an order requiring amendment of 22 complaint); Carey v. King,

(9th Cir. 1988) (affirming dismissal 23 for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of 24 address); Malone v. U.S. Postal Service,

(9th Cir. 1987) (affirming 25 dismissal for failure to comply with court order); Henderson v. Duncan,

, 26 1424 (9th Cir. 1986) (affirming dismissal for lack of prosecution and failure to comply with 27 local rules). 1 In determining whether to dismiss an action for lack of prosecution, failure to obey 2 a court order, or failure to comply with local rules, the court must consider several factors: 3 (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 4 manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 5 disposition of cases on their merits; and (5) the availability of less drastic alternatives. 6 See Thompson,

(citing Henderson,

). 7 Here, the Court finds that the first two factors, the public’s interest in expeditiously 8 resolving this litigation and the Court’s interest in managing the docket, weigh in favor of 9 dismissal. The third factor, risk of prejudice to Defendants, also weighs in favor of 10 dismissal, since a presumption of injury arises from the occurrence of unreasonable delay 11 in filing a pleading ordered by the court or prosecuting an action. See Anderson v. Air 12 West,

(9th Cir. 1976). The fourth factor—public policy favoring 13 disposition of cases on their merits—is greatly outweighed by the factors in favor of 14 dismissal discussed herein. Finally, 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” 15 requirement. Ferdik,

(citing Henderson,

); Malone, 16

. The Magistrate Judge’s order requiring Plaintiff to file his updated 17 address with the Court within thirty (30) days expressly stated: “IT IS FURTHER 18 ORDERED that, if Plaintiff fails to timely comply with this order, the Court will dismiss this 19 case without prejudice.” (ECF No. 9 at 2.) Thus, Plaintiff had adequate warning that 20 dismissal would result from his noncompliance with the Magistrate Judge’s order to file 21 his updated address within thirty (30) days. 22 // 23 // 24 // 25 // 26 // 27 // ' IT IS THEREFORE ORDERED that this action is dismissed without prejudice 2 based on Plaintiff's failure to file an updated address and a non-prisoner Application to 3 Proceed /n Forma Pauperis in compliance with the Magistrate Judge’s October 18, 2019, order. IT |S FURTHER ORDERED that the Clerk of Court will enter judgment accordingly. 7 DATED THIS 17" day of June, 2020.

a \~ 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28