Favor Limited Liability Practicum v. Black Lives Matter

District Court, D. Nevada

Favor Limited Liability Practicum v. Black Lives Matter

Trial Court Opinion

2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 BRANDON FAVOR LIMITED LIABILITY Case No. 3:20-cv-00526-MMD-CSD PRACTICUM, 7 ORDER Plaintiff, 8 v.

9 BLACK LIVES MATTER, et al.,

10 Defendants. 11 12 Pro se Plaintiff Brandon Favor Limited Liability Practicum brought this

42 U.S.C. § 13

1983 action against Defendants Black Lives Matter, Michelle Obama, Amaru Records 14 Incorporated, and Reba Ann Stevens. (ECF No. 1-1.) As further explained below, the 15 Court dismisses this case without prejudice for failure to prosecute under Fed. R. Civ. P. 16 41(b). 17 The Court notes that since filing the lawsuit on September 17, 2020, Plaintiff has 18 failed to take any further action in this case, and has not filed an application to proceed in 19 forma pauperis (“IFP Application”), paid the filing fee, or otherwise prosecuted the case. 20 On April 19, 2022, the Court issued an order warning Plaintiff that it would dismiss this 21 case for failure to prosecute under Fed. R. Civ. P. 41(b) if Plaintiff did not file an 22 application to proceed in forma pauperis (“IFP Application”) or pay the filing fee within 30 23 days. (ECF No. 5.) To date, Plaintiff has failed to comply with the Court’s order, and the 24 Court accordingly dismisses this case without prejudice for failure to prosecute. See Fed. 25 R. Civ. P. 41(b); LR 41-1; Link v. Wabash R. Co.,

370 U.S. 626, 629

(1962) (“The authority 26 of a federal trial court to dismiss a plaintiff’s action with prejudice because of his failure to 27 prosecute cannot seriously be doubted”); Henderson v. Duncan,

779 F.2d 1421

, 1424 28 1 || (9th Cir. 1986) (affirming dismissal for lack of prosecution and failure to comply with local 2 || rules). 3 It is therefore ordered that this case is dismissed, in its entirety, without prejudice. 4 The Clerk of Court is directed to enter judgment accordingly and close this case. 5 DATED THIS 23" Day of May 2022. 6 -— 7 {Gh OO 8 MIRANDA M. DU 9 CHIEF UNITED STATES DISTRICT JUDGE

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Reference

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