1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Isaias S. Montano, Jr., 2:24-cv-01419-JAD-MDC 4 Plaintiff,

5 vs. REPORT AND RECOMMENDATION United States District Court District of Nevada 6 Financial Litigation Unit, 7 Defendant(s). 8 This case is nearly a year-old with no service having been completed. For the reasons stated 9 below, I recommend dismissing this case without prejudice. 10 DISCUSSION 11 The Federal Rules of Civil Procedures require that service of the summons and complaint be 12 completed within 90-days of filing the Complaint. See Fed. R. Civ. P. 4(m). Plaintiff initiated this action 13 on August 2, 2024, by filing a Complaint and paying the filing fee for a civil action. See ECF No. 1. 14 Therefore, proof of service was due on October 31, 2024. See Fed. R. Civ. P. 4(m) (requiring service to 15 be completed within 90-days of filing the Complaint). I noted that summons had not been issued for this 16 case and directed plaintiff to complete the proposed summons form. ECF No. 8. To date, plaintiff has 17 neither completed the form, nor has service been completed. 18 Plaintiff was advised that he needed to timely complete service on several occasions. See ECF 19 Nos. 2, 3, 8. Plaintiff’s pro se status is no excuse for failing to comply. See Jacobsen v. Filler,

(9th Cir. 1986) (holding that pro se parties are not excused from following the rules and 21 orders of the court). Plaintiff has failed to comply with his duty to move the case towards disposition on 22 the merits. See Allen v. Bayer Corp. (In re: Phenylpropanolamine),

(9th Cir. 2006) 23 (plaintiff is obligated to move the case diligently towards disposition). 24 District Courts have the inherent power to control their dockets and “[i]n the exercise of that 25 power, they may impose sanctions including, where appropriate . . . dismissal” of a case. Thompson v. 1 Hous. Auth. of City of Los Angeles,

(9th Cir. 1986). A Court may dismiss an action 2 based on a party’s failure to obey a Court Order or comply with local rules. Malone v. U.S. Postal 3 Service,

(9th Cir. 1987) (dismissal for failure to comply with Court Order); 4 Henderson v. Duncan,

, 1424 (9th Cir. 1986) (dismissal for lack of prosecution and failure 5 to comply with local rules). 6 In determining whether to dismiss an action on one of these grounds, I must consider: (1) the 7 public’s interest in expeditious resolution of litigation; (2) the Court’s need to manage its docket; (3) the 8 risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; 9 and (5) the availability of less drastic alternatives. In re Phenylpropanolamine Prod. Liab. Litig., 460

(9th Cir. 2006) (quoting Malone v. U.S. Postal Serv.,

(9th Cir. 11 1987)). 12 The first two factors, the public’s interest in expeditiously resolving this litigation and the 13 Court’s interest in managing its docket, weigh in favor of dismissal of the plaintiff’s claims. The Court 14 has an interest in moving the litigation forward, however, plaintiff’s noncompliance impedes the court’s 15 ability to do so. The third factor, risk of prejudice to defendants, also weighs in favor of dismissal 16 because a presumption of injury to defendants arises when plaintiffs unreasonably delay in prosecuting 17 an action. See Anderson v. Air West,

(9th Cir. 1976). The fourth factor—the public 18 policy favoring disposition of cases on their merits—is greatly outweighed by the factors favoring 19 dismissal. 20 While the fifth factor requires courts to consider less drastic alternatives, courts “need not 21 exhaust every sanction short of dismissal before finally dismissing a case but must explore possible and 22 meaningful alternative.” Henderson, 779 F.2d at 1424. The only alternative is to enter an order setting 23 another deadline. Issuing another order, however, will only delay the inevitable and further squander the 24 Court’s finite resources. Setting another deadline is not a meaningful alternative given these 25 1 || circumstances. Because dismissal would be without prejudice, it stops short of using the harshest 2 || sanction of dismissal with prejudice. The fifth factor favors dismissal. 3 4 ACCORDINGLY, 5 IT RECOMMEND that this case be dismissed without prejudice for failing to file proof of 6 || service in compliance with Rule 4(m) of the Federal Rules of Civil Procedure. 7 8 DATED this 21* day of July 2025. 4 _ 9 IT IS SO RECOMMENDED. tphng, YO 10 LF fA __ Aion. Maximjizano D. Cowillier IIT United Statéy Magis rate Judge 12 NOTICE [7 13 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 14 || recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 16 || may determine that an appeal has been waived due to the failure to file objections within the specified 17 || time. Thomas y. Arn,

(1985). 18 This circuit has also held that (1) failure to file objections within the specified time and (2) 19 || failure to properly address and brief the objectionable issues waives the right to appeal the District 20 || Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Yist,

(9th Cir. 1991); Britt v. Simi Valley United Sch. Dist.,

, 454 (9th Cir. 1983). 22 || Pursuant to LR JA 3-1, the plaintiff must immediately file written notification with the court of any 23 || change of address. The notification must include proof of service upon each opposing party’s attorney, 24 || or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 25 || result in dismissal of the action.