Skinner v. Reed
3:23-cv-00098
| D. Nev. | Jun 27, 2025Background
- Plaintiff Roderick Sinner filed a complaint against Edward T. Reed and others in the U.S. District Court for the District of Nevada.
- On May 5, 2025, the court dismissed Sinner's second amended complaint without prejudice, but granted limited leave to amend.
- The court ordered Sinner to file an amended complaint by June 7, 2025, warning that failure to do so would result in dismissal.
- Sinner did not file the required amended complaint nor request an extension of time.
- The court is considering sua sponte dismissal for failure to prosecute and failure to comply with a court order.
- The Magistrate Judge recommended dismissal without prejudice and closure of the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to file amended complaint by deadline | Not stated in record | Not stated in record | Dismissal warranted |
| Dismissal under Rule 41(b) | Not stated in record | Not stated in record | Court may dismiss sua sponte |
| Availability of less drastic alternatives | Not stated in record | Not stated in record | No meaningful alternatives |
| Weighing of dismissal factors | Not stated in record | Not stated in record | Factors favor dismissal |
Key Cases Cited
- Hells Canyon Preservation Council v. U.S. Forest Serv., 403 F.3d 683 (9th Cir. 2005) (affirming that courts may dismiss sua sponte for failure to prosecute or comply with orders)
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (upholding dismissal for failure to comply with court order to amend complaint)
- Anderson v. Air West, 542 F.2d 522 (9th Cir. 1976) (presumption of prejudice arises from unreasonable delay)
- Malone v. U.S. Postal Serv., 833 F.2d 128 (9th Cir. 1987) (outlining factors for dismissing an action for failure to prosecute)
- Hernandez v. City of El Monte, 138 F.3d 393 (9th Cir. 1998) (dismissal proper where most factors support dismissal)