Background

• Plaintiff Jesse Youngblood, pro se, asserts a civil rights claim under 42 U.S.C. §1983 in the Eastern District of California.
• Plaintiff consented to Magistrate Judge jurisdiction under 28 U.S.C. §636(c)(1) and Local Rule 305(b).
• Action filed on June 19, 2013; an August 2, 2013 order found plaintiff ineligible for in forma pauperis and required a $400 filing fee within 45 days.
• Plaintiff did not pay the fee and instead filed additional IFP motions that the court previously denied (ECF Nos. 8, 11).
• Local Rule 11-110 authorizes sanctions for noncompliance with court orders or rules; the court may dismiss for lack of prosecution or noncompliance.
• Court applies the five-factor test and concludes dismissal without prejudice is warranted for failure to obey the order to pay the filing fee.

Issues

Key Cases Cited

• Thompson v. Housing Auth., 782 F.2d 829 (9th Cir. 1986) (inherent power to dismiss for lack of prosecution; sanctions may be imposed)
• Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995) (dismissal for noncompliance with local rule)
• Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment)
• Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of address)
• Malone v. U.S. Postal Service, 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 lack of prosecution and failure to comply with local rules)
• Anderson v. Air West, 542 F.2d 522 (9th Cir. 1976) (presumption of injury from delay in prosecuting action)