1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARCUS HOWERTON, Case No.: 2:22-cv-00280-APG-VCF

4 Plaintiff Order Granting Motions to Dismiss and for Leave to File Supplement 5 v. [ECF Nos. 21, 22] 6 CLARK COUNTY DETENTION CENTER, et al., 7 Defendants 8

9 Defendant Joseph Lombardo moves to dismiss this case with prejudice for failure to 10 prosecute. He also moves for leave to file a supplement to the motion to dismiss. Howerton has 11 not responded to either motion. 12 I grant the motions because the factors I consider when deciding whether to dismiss a 13 claim for failure to prosecute weigh in favor of dismissal with prejudice. See Pagtalunan v. 14 Galaza,

(9th Cir. 2002). Although this case has not been pending for an 15 extraordinarily lengthy period of time, discovery was extended once because Howerton was not 16 participating and Lombardo could not locate him. See ECF Nos. 19, 20. Thus, the “public’s 17 interest in expeditious resolution of litigation” and the “court’s need to manage its docket” weigh 18 in favor of dismissal. Pagtalunan,

. Additionally, Lombardo has been thwarted 19 in his efforts at discovery and therefore is prejudiced.

There are no less drastic alternatives 20 because despite Howerton recently communicating with Lombardo, he still has not responded to 21 the pending motions or otherwise taken any action to prosecute this action. Id.; ECF No. 22 at 2- 22 3. Finally, although the public policy favoring disposition of cases on their merits weighs 23 against dismissal, all the other factors weigh in favor. Pagtalunan,

. I therefore grant Lombardo’s motions and dismiss this case with prejudice for failure to prosecute. 3 I THEREFORE ORDER that defendant Joseph Lombardo’s motions to dismiss and to 4!| supplement (ECF Nos. 21, 22) are GRANTED. The clerk of court is instructed to enter judgment in favor of the defendants and against the plaintiff, and to close this case. 6 DATED this 9th day of August, 2023. 7 OIE 8 ANDREW P.GORDON sits 9 UNITED STATES DISTRICT JUDGE

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