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

7 ANGELA EUNICE NEAL, Case No. 2:21-CV-433 JCM (DJA)

8 Plaintiff(s), ORDER

9 v.

10 TONIC D. TEP,

11 Defendant(s).

12 13 Presently before the court is defendant Tonic Tep’s motion to dismiss plaintiff Angela 14 Neal’s complaint. (ECF No. 36). Plaintiff has not filed a response, and the time to do so has 15 now passed. 16 Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to prosecute or 17 to comply with these rules or a court order, a defendant may move to dismiss the action or any 18 claim against it.” Fed. R. Civ. P. 41(b). This court also has the inherent power to sua sponte 19 dismiss a case for want of prosecution or compliance with court orders. Link v. Wabash R. Co., 20

, 630–31 (1962); Pagtalunan v. Galaza,

, 640–43 (9th Cir. 2002); 21 Ferdik v. Bonzelet,

(9th Cir. 1992). 22 This inherent power is also codified in this court’s local rules. Local Rule 41-1 provides 23 that “[a]ll civil actions that have been pending in this court for more than 270 days without any 24 proceeding of record having been taken may, after notice, be dismissed for want of prosecution 25 by the court sua sponte or on the motion of an attorney or pro se party.” LR 41-1. 26 On April 1, 2022, this court received a letter from plaintiff notifying it that she would be 27 proceeding pro se. (ECF No. 33). Since receipt of that letter, this court denied a motion to strike 28 on April 14, 2022, but otherwise there have been no proceedings of record in well over 270 days. Therefore, dismissal of this suit for want of prosecution is appropriate under Local Rule 41-1. 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the claims against 5 defendant be, and the same hereby are, DISMISSED, for want of prosecution. 6 IT IS FURTHER ORDERED that defendant’s motion to dismiss (ECF No. 36) be, and 7 the same hereby is, DENIED, as moot. 8 The clerk is instructed to close the case. 9 DATED March 3, 2023. 10 btw Aalan ul UM ITED, STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-