(PC) Philpott v. King
1:14-cv-01766
E.D. Cal.Apr 27, 2015Background
- Plaintiff Steven Philpott, a civil detainee proceeding pro se under 42 U.S.C. § 1983, failed to submit either the filing fee or a proper in forma pauperis application after being ordered to do so.
- Court ordered compliance within 30 days (Nov. 20, 2014); plaintiff did not comply.
- Court issued an order to show cause (Feb. 3, 2015); plaintiff filed no response.
- The complaint was screened and dismissed for failure to state a claim; plaintiff was ordered to file a habeas petition or a notice of voluntary dismissal within 30 days (Mar. 10, 2015) and did not do so or seek an extension.
- The magistrate judge concluded dismissal was appropriate for failure to pay or file IFP, failure to obey court orders, and failure to prosecute, and recommended dismissal without prejudice.
- Plaintiff was given 14 days to file objections to the Findings and Recommendation and warned that failure to object could waive appeal rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal is warranted for failure to pay filing fee or file IFP paperwork | Philpott did not present an argument in response; no fee or IFP filed | Court argues lack of fee/IFP justifies sanction | Dismissal recommended for failure to submit fee or IFP |
| Whether dismissal is warranted for failure to obey court orders (show cause and screening directives) | No response to show-cause or screening order | Court contends noncompliance supports dismissal | Dismissal recommended for failure to obey orders |
| Whether dismissal is warranted for failure to prosecute (unreasonable delay) | No prosecution activity after orders | Court argues delay prejudices defendants and wastes resources | Dismissal recommended for failure to prosecute |
| Whether lesser sanctions are available | No request or showing by Philpott for alternatives | Court notes monetary sanctions ineffective; scarce resources limit alternatives | Court finds no satisfactory lesser sanction; recommends dismissal without prejudice |
Key Cases Cited
- Thompson v. Housing Auth., 782 F.2d 829 (9th Cir. 1986) (courts may dismiss to control docket)
- Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995) (dismissal for noncompliance with local rules)
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (dismissal for failure to comply with order to amend complaint)
- Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (dismissal for failure to keep court apprised of address)
- Malone v. U.S. Postal Serv., 833 F.2d 128 (9th Cir. 1987) (dismissal for failure to comply with court order)
- Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986) (dismissal for failure to prosecute and comply with rules)
- Anderson v. Air West, 542 F.2d 522 (9th Cir. 1976) (presumption of prejudice from unreasonable delay)
- Wilkerson v. Wheeler, 772 F.3d 834 (9th Cir. 2014) (failure to object to magistrate findings may waive appeal rights)
- Baxter v. Sullivan, 923 F.2d 1391 (9th Cir. 1991) (same on waiver of appeal rights)