Harrison v. Nevada Dept of Corrections
2:16-cv-01371
D. Nev.Aug 5, 2016Background
- Pro se Nevada prisoner David Lynn Harrison filed a "Petition for Maturity Claim/CounterClaim" but did not pay the $400 filing fee or file an in forma pauperis (IFP) application.
- Magistrate Judge Koppe issued an order (June 20, 2016) directing Harrison to submit a complaint and either pay the filing fee or file a completed IFP application by July 20, 2016.
- Harrison missed the deadline, did not request an extension, and did not otherwise respond to the court’s order.
- The magistrate judge’s order warned that failure to comply could result in dismissal.
- The district court applied the Ninth Circuit dismissal factors (public interest in expeditious resolution, docket management, prejudice to defendants, public policy favoring merits disposition, and availability of lesser sanctions).
- The court concluded the factors weighed for dismissal and entered an order dismissing the action with prejudice and closing the case (Aug. 5, 2016).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be dismissed for failure to prosecute and for failing to obey a court order | Harrison submitted petitions but did not comply with the court’s directive to pay the fee or file an IFP application | Noncompliance with the court order and failure to prosecute supports dismissal | Court dismissed the action with prejudice for failure to obey the June 20 order and to prosecute the case |
| Whether dismissal with prejudice is appropriate given less drastic alternatives | Harrison did not request relief or argue for lesser sanctions | Magistrate’s prior warning and the delay justify a dispositive sanction | Court found lesser sanctions unnecessary and that dismissal with prejudice was warranted under the Ninth Circuit factors |
Key Cases Cited
- Ghazali v. Moran, 46 F.3d 52 (9th Cir.) (dismissal for noncompliance with local rules)
- Ferdlik v. Bonzelet, 963 F.2d 1258 (9th Cir.) (dismissal for failure to comply with court order to amend complaint)
- Thompson, [citation="782 F.2d ] (9th Cir.) (use of dismissal-factors test)
- Anderson v. Air West, 542 F.2d 522 (9th Cir.) (presumption of prejudice from unreasonable delay)
- Malone v. U.S. Postal Serv., 833 F.2d 128 (9th Cir.) (dismissal for failure to comply with court order)
- Carey v. King, 856 F.2d 1439 (9th Cir.) (dismissal for failure to keep court apprised of address)