Coins v. Baca
3:16-cv-00289
D. Nev.Mar 2, 2017Background
- Pro se civil-rights action under 42 U.S.C. § 1983 filed by former prisoner Eugene Coins, Jr. in District of Nevada.
- On January 17, 2017 the Court denied a prisoner IFP application as moot and ordered Coins to file a non-prisoner application to proceed in forma pauperis or pay the $400 filing fee within 30 days.
- The order explicitly warned that failure to comply would result in dismissal without prejudice.
- Coins did not file the required non-prisoner IFP application, pay the fee, or otherwise respond within the 30-day period.
- The Clerk reported no further filings; the case remained inactive past the deadline.
- The Court moved to dismiss for failure to comply with its order and for failure to prosecute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal is warranted for failure to comply with court order | Coins failed to comply; no argument made to excuse noncompliance | Court asserts authority to dismiss for noncompliance and lack of prosecution | Case dismissed without prejudice for failure to file IFP or pay fee |
| Whether dismissal for lack of prosecution is appropriate | No showing by Coins that prosecution continued | Court relied on inactivity and failure to respond | Dismissal appropriate given delay and warning |
| Whether less drastic alternatives were considered | Coins did not request relief or extension | Court issued prior warning in its order | Prior warning satisfied the alternative-consideration requirement |
| Prejudice to defendants from delay | No argument from Coins on prejudice | Court applied presumption of prejudice from unreasonable delay | Risk of prejudice weighed in favor of dismissal |
Key Cases Cited
- Thompson v. Hous. Auth. of City of Los Angeles, 782 F.2d 829 (9th Cir.) (district courts may control docket and impose sanctions including dismissal)
- Ghazali v. Moran, 46 F.3d 52 (9th Cir.) (dismissal for noncompliance with local rules)
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir.) (dismissal for failure to comply with court orders; warning satisfies consideration of alternatives)
- Carey v. King, 856 F.2d 1439 (9th Cir.) (dismissal for failure to comply with local rules)
- Malone v. U.S. Postal Service, 833 F.2d 128 (9th Cir.) (dismissal for failure to comply with court order)
- Henderson v. Duncan, 779 F.2d 1421 (9th Cir.) (dismissal for lack of prosecution and failure to comply with local rules)
- Anderson v. Air West, 542 F.2d 522 (9th Cir.) (presumption of prejudice arises from unreasonable delay)