Raleigh v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * Douglas Campbell Raleigh, Case No. 2:25-cv-00402-JAD-DJA Plaintiff 7 Order Adopting v. Report and Recommendation 8 and Dismissing Case United States of America; et al., Defendants On July 7, 2025, the magistrate judge entered this report and recommendation [ECF No. 4]: 12 On May 2, 2025, the Court ordered pro se Plaintiff Douglas Campbell Raleigh to pay the filing fee or apply to proceed in forma pauperis (which means to proceed without paying the filing fee). (ECF No. 3). In that order, the Court gave Plaintiff until June 2, 2025, to either pay the filing fee or apply to proceed in forma pauperis. The Court informed Plaintiff that “if Plaintiff does not file a fully complete application to proceed in forma pauperis or pay the full $405 filing fee for a civil action along with a complaint on one of this Court’s approved forms on or before June 2, 2025, the Court will recommend dismissal of this action.” (Id.) (emphasis in original). To date, Plaintiff has neither paid the filing fee, nor applied to proceed in forma pauperis, nor filed anything else on the docket. So, the Court recommends dismissal of this case without prejudice. A dismissal without prejudice allows Plaintiff to refile a case with the Court, under a new case number.

23 Federal Rule of Civil Procedure 41(b) permits dismissal of an action for the failure to prosecute or comply with rules or a court order. Fed. R. Civ. P. 41(b). In considering whether to dismiss an action under Rule 41(b), courts consider: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the 1 Here, because Plaintiff has not complied with the Court’s order or taken any action in this case since March of 2025, the Court recommends dismissal of Plaintiff’s case without prejudice.

3 See Fed. R. Civ. P. 41(b); see LR1 IA 11-8(e) (providing that the Court may, after notice and an opportunity to be heard, impose any and all appropriate sanctions on a party who fails to comply with any order); see Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1118 (9th Cir. 2000) (“an opportunity to be heard does not require an oral or evidentiary hearing on the issue…[t]he opportunity to brief the issue fully satisfies due process requirements”). The first factor weighs in favor of dismissal because the public has an interest in expeditious resolution of litigation and Plaintiff’s failure to further participate in this lawsuit impedes this goal. The second factor weighs in favor of dismissal because the Court’s need to manage its docket is thwarted by Plaintiff’s failure to prosecute his own action and to comply with this Court’s order.

12 The third factor weighs in favor of dismissal because the longer this case is carried on, the more difficult it will be for Defendants to defend against it because witnesses’ memories will fade and evidence may be lost. The fourth factor weighs in favor of Plaintiff, but does not outweigh the other factors. Fifth, lesser sanctions are not available if Plaintiff will not comply with Court orders. So, the Court recommends dismissing this case without prejudice.

18 ORDER 19 IT IS ORDERED that the Clerk of Court is kindly directed to send Plaintiff a copy of this report and recommendation.

21 RECOMMENDATION 22 IT IS RECOMMENDED that this case be dismissed without prejudice.

1 This refers to the Local Rules of Practice for the United States District Court, District of Nevada, which can be found on the Court’s website at https://www.nvd.uscourts.gov/court- 1 ORDER ADOPTING REPORT AND RECOMMENDATION 2 The deadline for any party to object to this recommendation was July 21, 2025, and no || party filed anything or asked to extend the deadline to do so. “[N]o review is required of a || magistrate judge’s report and recommendation unless objections are filed.” United States v. || Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and || recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that the || Magistrate Judge’s Report and Recommendation [ECF No. 4] is ADOPTED in its entirety, and || this case is DISMISSED without prejudice. The Clerk of Court is directed to ENTER || JUDGMENT accordingly and CLOSE THIS CASE.

1] a\eoy, 13 Dated: July 28, 2025