2

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 JARRIEL SCOTT, Case No. 3:22-cv-00402-MMD-CSD

7 Plaintiff, ORDER v. 8 WARDEN, et al., 9 Defendants. 10 11 I. SUMMARY 12 Plaintiff Jarriel Scott brings this civil-rights action under

to 13 redress constitutional violations that he claims he suffered while incarcerated at Northern 14 Nevada Correctional Center. (ECF No. 1-1.) On September 15, 2022, the Court ordered 15 Scott to file a fully complete application to proceed in forma pauperis or pay the full $402 16 filing fee on or before November 15, 2022. (ECF No. 3.) The Court warned Scott that the 17 action could be dismissed if he failed to file a fully complete application to proceed in 18 forma pauperis with all three documents or pay the full $402 filing fee for a civil action by 19 that deadline. (Id. at 3.) That deadline expired and Scott did not file a fully complete 20 application to proceed in forma pauperis, pay the full $402 filing fee, or otherwise respond. 21 II. DISCUSSION 22 District courts have the inherent power to control their dockets and “[i]n the 23 exercise of that power, they may impose sanctions including, where appropriate . . . 24 dismissal” of a case. Thompson v. Hous. Auth. of City of Los Angeles,

, 831 25 (9th Cir. 1986). A court may dismiss an action based on a party’s failure to obey a court 26 order or comply with local rules. See Carey v. King,

(9th Cir. 27 1988) (affirming dismissal for failure to comply with local rule requiring pro se plaintiffs to 28 keep court apprised of address); Malone v. U.S. Postal Service,

(9th 2 dismiss an action on one of these grounds, the Court must consider: (1) the public’s 3 interest in expeditious resolution of litigation; (2) the Court’s need to manage its docket; 4 (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of 5 cases on their merits; and (5) the availability of less drastic alternatives. See In re 6 Phenylpropanolamine Prod. Liab. Litig.,

(9th Cir. 2006) (quoting 7 Malone,

). 8 The first two factors, the public’s interest in expeditiously resolving this litigation 9 and the Court’s interest in managing its docket, weigh in favor of dismissal of Scott’s 10 claims. The third factor, risk of prejudice to defendants, also weighs in favor of dismissal 11 because a presumption of injury arises from the occurrence of unreasonable delay in filing 12 a pleading ordered by the court or prosecuting an action. See Anderson v. Air West, 542

(9th Cir. 1976). The fourth factor—the public policy favoring disposition of 14 cases on their merits—is greatly outweighed by the factors favoring dismissal. 15 The fifth factor requires the Court to consider whether less drastic alternatives can 16 be used to correct the party’s failure that brought about the Court’s need to consider 17 dismissal. See Yourish v. Cal. Amplifier,

, 992 (9th Cir. 1999) (explaining 18 that considering less drastic alternatives before the party has disobeyed a court order 19 does not satisfy this factor); accord Pagtalunan v. Galaza,

, 643 & n.4 (9th 20 Cir. 2002) (explaining that “the persuasive force of” earlier Ninth Circuit cases that 21 “implicitly accepted pursuit of less drastic alternatives prior to disobedience of the court’s 22 order as satisfying this element[,]” i.e., like the “initial granting of leave to amend coupled 23 with the warning of dismissal for failure to comply[,]” have been “eroded” by Yourish). 24 Courts “need not exhaust every sanction short of dismissal before finally dismissing a 25 case, but must explore possible and meaningful alternatives.” Henderson v. Duncan, 779

, 1424 (9th Cir. 1986). Because this action cannot realistically proceed until and 27 unless Scott either files a fully complete application to proceed in forma pauperis or pays 28 the $402 filing fee for a civil action, the only alternative is to enter a second order setting 1 || another deadline. But the reality of repeating an ignored order is that it often only delays 2 || the inevitable and squanders the Court’s finite resources. The circumstances here do not 3 || indicate that this case will be an exception: there is no hint that Scott needs additional 4 || time or evidence that he did not receive the Court’s order. Following the Court’s order, 5 || Plaintiff filed a document that appears to state that Plaintiff is being subjected to cruel and 6 || unusual punishment. (ECF No. 4.) This document does not request an extension to file a 7 || complete application to proceed in forma pauperis, and Plaintiff did not file any other 8 || document suggesting that Plaintiff needed more time to comply with the Court’s order. 9 || Setting another deadline is not a meaningful alternative given these circumstances. So 10 || the fifth factor favors dismissal. 11 Ill. «CONCLUSION 12 Having thoroughly considered these dismissal factors, the Court finds that they 13 || weigh in favor of dismissal. 14 It is therefore ordered that this action is dismissed without prejudice based on 15 || Scott’s failure to file a fully complete application to proceed in forma pauperis or pay the 16 || full $402 filing fee in compliance with the Court’s September 15, 2022, order. 17 The Clerk of Court is directed to enter judgment accordingly and close this case. 18 || No other documents may be filed in this now-closed case. If Scott wishes to pursue his 19 || claims, he must file a complaint in a new case. 20 DATED THIS 23" Day of November 2022.

22 MIRANDA M. DU 23 CHIEF UNITED STATES DISTRICT JUDGE 24 25 26 27 28