2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 RACHEL MARIE WHITTED, Case No. 3:21-cv-00206-MMD-WGC

7 ORDER Plaintiff. 8 v.

9 INMATE BANKING, et al.,

10 Defendants.

11 12 This action began with a pro se civil rights complaint filed under

13 by a former state prisoner. (ECF No. 1-1.) On August 18, 2021, this Court issued an order 14 directing Whitted to file her updated address with this Court by September 17, 2021. (ECF 15 No. 5.) The deadline has now expired, and Whitted has not filed her updated address or 16 otherwise responded to the Court’s order. 17 District courts have the inherent power to control their dockets and “[i]n the 18 exercise of that power, they may impose sanctions including, where appropriate . . . 19 dismissal” of a case. Thompson v. Hous. Auth. of City of Los Angeles,

, 831 20 (9th Cir. 1986). A court may dismiss an action, with prejudice, based on a party’s failure 21 to prosecute an action, failure to obey a court order, or failure to comply with local rules. 22 See Ghazali v. Moran,

(9th Cir. 1995) (affirming dismissal for 23 noncompliance with local rule); Ferdik v. Bonzelet,

(9th Cir. 1992) 24 (affirming dismissal for failure to comply with an order requiring amendment of complaint); 25 Carey v. King,

(9th Cir. 1988) (affirming dismissal for failure to 26 comply with local rule requiring pro se plaintiffs to keep court apprised of address); 27 Malone v. U.S. Postal Serv.,

(9th Cir. 1987) (affirming dismissal for 28 2 1986) (affirming dismissal for lack of prosecution and failure to comply with local rules). 3 In determining whether to dismiss an action for lack of prosecution, failure to obey 4 a court order, or failure to comply with local rules, the Court must consider several factors: 5 (1) the public’s interest in the expeditious resolution of litigation; (2) the Court’s need to 6 manage its docket; (3) the risk of prejudice to Defendants; (4) the public policy favoring 7 disposition of cases on their merits; and (5) the availability of less drastic alternatives. 8 See Thompson,

; Henderson, 779 F.2d at 1423-24; Malone,

130; Ferdik,

; Ghazali,

. 10 Here, the Court finds that the first two factors, the public’s interest in expeditiously 11 resolving this litigation and the Court’s interest in managing the docket, weigh in favor of 12 dismissal. The third factor, risk of prejudice to Defendants, also weighs in favor of 13 dismissal, since a presumption of injury arises from the occurrence of unreasonable delay 14 in filing a pleading ordered by the court or prosecuting an action. See Anderson v. Air 15 West,

(9th Cir. 1976). The fourth factor—public policy favoring 16 disposition of cases on their merits—is greatly outweighed by the factors in favor of 17 dismissal discussed herein. Finally, a court’s warning to a party that his failure to obey 18 the court’s order will result in dismissal satisfies the “consideration of alternatives” 19 requirement. See Ferdik,

; Malone,

; Henderson, 779 20 F.2d at 1424. The Court’s order requiring Whitted to file her updated address with the 21 Court by September 17, 2021, expressly stated: “[i]t is further ordered that, if Plaintiff fails 22 to timely comply with this order, this case will be subject to dismissal without prejudice.” 23 (ECF No. 5 at 2.) Thus, Whitted had adequate warning that dismissal would result from 24 her noncompliance with the Court’s order to file her updated address by September 17, 25 2021. 26 It is therefore ordered that this action is dismissed without prejudice based on 27 Whitted’s failure to file an updated address in compliance with this Court’s August 18, 28 2021, order. (ECF No. 5.) 1 The Clerk of Court is directed to close the case and enter judgment accordingly. 2 DATED THIS □□□ Day of September 2021. 3 —~ {LQ 4 A NS MIRANDA M. DU 9 CHIEF UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28