(PC) Collins v. McCabe, 1:19-cv-00458

Plaintiff Larnell C. Collins, a state prisoner proceeding pro se and in forma pauperis, filed a 42 U.S.C. § 1983 action on April 9, 2019.
Defendants moved for summary judgment on October 30, 2021.
Collins failed to timely oppose; he sought and received a 90-day extension (granted after a Sept. 30, 2021 request) and later sought another extension on Jan. 24, 2022 which the court granted for 30 days on Jan. 25, 2022.
The 30-day deadline expired and Collins neither filed a response nor requested further extension.
The magistrate judge applied the Pagtalunan/Ferdik factors and concluded dismissal without prejudice was appropriate for failure to obey the court’s order and prosecute.
The judge recommended dismissal without prejudice, afforded Collins 14 days to file objections, and warned that failure to object may waive appeal rights (citing Wilkerson and Baxter).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether to dismiss the case for failure to comply with a court order and to respond to summary judgment	Sought extensions of time (requested 90-day then 30-day extensions); implicitly seeks additional time to respond	Implicitly favors dismissal or resolution given plaintiff’s failure to respond after extensions	Court recommended dismissal without prejudice for failure to obey the Jan. 25, 2022 order
Whether dismissal is justified under Pagtalunan factors	Argues need for more time (through extension requests)	Argues court should manage docket and proceed	Court found public interest in expedition and docket management weigh for dismissal
Whether defendants are prejudiced by delay	Plaintiff did not assert prejudice; sought more time	Delay prejudices by increased risk of stale evidence and faded memories	Court held delay created risk of prejudice, weighing for dismissal
Whether lesser sanctions are adequate	Plaintiff sought more time rather than opposing sanctions	Defendants implicitly rely on dismissal where plaintiff does not comply	Court found few effective lesser sanctions available at this stage and chose dismissal without prejudice as middle ground

Pagtalunan v. Galaza, 291 F.3d 639 (9th Cir. 2002) (sets five-factor test for dismissal for failure to prosecute or obey court orders)
Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (governs dismissal for failure to comply with court orders)
Yourish v. California Amplifier, 191 F.3d 983 (9th Cir. 1999) (public interest favors expeditious resolution; pendency alone not prejudice but delay risks evidence loss)
Wilkerson v. Wheeler, 772 F.3d 834 (9th Cir. 2014) (failure to timely object to magistrate judge recommendations may waive appellate rights)
Baxter v. Sullivan, 923 F.2d 1391 (9th Cir. 1991) (addresses waiver of appellate rights through failure to timely object)