Chambers v. Unknown Party
Filing
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ORDER the reference to the Magistrate Judge is withdrawn as to Defendant's Motion for Summary Judgment; the Motion is denied as moot 17 ; and the action is dismissed without prejudice for failure to prosecute. The Clerk of Court must enter judgment accordingly. Signed by Judge G Murray Snow on 6/23/11.(TLJ)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Shane Eugene Chambers,
Plaintiff,
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vs.
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Emanuel Codrianue, #9550, et al.,
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Defendants.
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No. CV 10-1745-PHX-GMS (LOA)
ORDER
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Plaintiff Shane Eugene Chambers filed a pro se civil rights Complaint regarding
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events arising out of his arrest and subsequent booking; Plaintiff alleged that Phoenix Police
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Officer Emanuel Codrianue used excessive force. (Doc. 1) Codrianue moves for summary
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judgment on the grounds that the force used was reasonable under the circumstances and that
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he is entitled to qualified immunity. (Doc. 17.) The Court issued a Notice pursuant to Rand
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v. Rowland, 154 F.3d 952, 962 (9th Cir. 1998) (en banc), advising Plaintiff of his obligation
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to respond and the requirements of Federal Rule Civil Procedure 56. (Doc. 21.) On April
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8, 2011, the Notice was returned as undeliverable because Plaintiff is no longer in custody.
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(Doc. 24.) Likewise, the Court’s Scheduling and Discovery Order, issued on January 19,
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2011 was returned as undeliverable on April 4, 2011. (Doc. 23.)
The Court will dismiss the case without prejudice for failure to prosecute.
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I.
Defendant’s Motion
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A.
Parties’ Contentions
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On June 12, 2010, police responded to a call that Plaintiff had entered the home of
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Modena Kemp despite an order of the Maricopa County Superior Court. (Doc. 18. Def.’s
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Statement of Facts (DSOF) ¶ 1.) Officers arrested Plaintiff, who initially resisted until police
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drew a taser. (Id. ¶¶ 3-4.) Officers noted that Plaintiff appeared angry and seemed to be
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under the influence of alcohol. (Id. ¶ 5.)
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Plaintiff was charged with resisting arrest and interfering with judicial charges and
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was transported to the Maricopa County Jail where all of Defendant’s interactions with
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Plaintiff were recorded by video cameras that demonstrate that Plaintiff acted erratically and
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refused to cooperate. (Id. ¶¶ 6, 8-9.) Police learned that Plaintiff had a history of violence,
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including multiple arrests for assault. (Id. ¶ 7.)
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After Plaintiff arrived at the jail, he was placed in a holding tank, his cuffs were
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removed and he was told to wait for his medical screening. (Id. ¶¶ 11-12.) Plaintiff refused
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to cooperate with the medical screening and was placed back in the holding cell. (Id. ¶¶ 13-
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14.) He lay on the ground, partially blocking the door and refused to cooperate. (Id. ¶ 15.)
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Defendant opened the door, asked Plaintiff to cooperate, but Plaintiff slid away and told
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Defendant “I am going to fuck you up.” (Id. ¶¶ 17-19.)
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Plaintiff then quickly rose to his feet and moved toward Defendant, who thought he
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was going to be assaulted. (Id. ¶ 20.) Defendant grabbed Plaintiff and tried to hold him
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against the wall but Plaintiff pushed back and knocked both men to the floor. (Id. ¶¶ 21-22.)
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They struggled, and Defendant placed his knee in Plaintiff’s back to subdue him. (Id. ¶ 23.)
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Plaintiff then began to spit, so Defendant placed his hand on the side of Plaintiff’s head and
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held him to the floor. (Id. ¶ 24.) Defendant never struck Plaintiff. (Id.) Other officers
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arrived; Plaintiff was removed from the cell and then returned to it and placed face down
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with his hands behind his back. (Id. ¶ 25.) When Plaintiff was under control, he was
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transferred to an isolation cell. (Id. ¶ 26.)
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In support of his motion, Defendant submits his affidavit (Ex. D) and various exhibits,
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including videos (Doc. 20.)
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2.
Plaintiff
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Plaintiff filed no response. In the Court’s Screening Order, Plaintiff was advised of
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the need to file and serve a notice of change of address in accordance with Rule 83.3(d) of
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the Local Rules of Civil Procedure and was further advised that failure to do so could result
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in the dismissal of his case. (Doc. 8 at 4.)
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B.
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Plaintiff has filed no response to the Motion to for Summary Judgment, and it appears
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to the Court that Plaintiff never received a copy of Defendant’s Motion because Plaintiff
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Analysis
provided no change of address following his release.
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Plaintiff has the general duty to prosecute this case. See Fidelity Phila. Trust Co. v.
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Pioche Mines Consol., Inc., 587 F.2d 27, 29 (9th Cir. 1978). Rule 41(b) of the Federal Rules
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of Civil Procedure provides that “[f]or failure of the plaintiff to prosecute or to comply with
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these rules or any order of court, a defendant may move for dismissal of an action.” Plaintiff
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has the general duty to prosecute this case. A court’s authority to dismiss sua sponte for lack
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of prosecution is an inherent power, governed not by rule or statute but by control necessarily
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vested in courts to manage their own affairs so as to achieve orderly and expeditious
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disposition of cases. Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962).
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In determining whether Plaintiff’s failure to prosecute warrants dismissal of the case,
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the Court must weigh the following five factors: “(1) the public’s interest in expeditious
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resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to
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the defendants; (4) the public policy favoring disposition of cases on their merits and (5) the
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availability of less drastic sanctions.” Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.
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1986). “The first two of these factors favor the imposition of sanctions in most cases, while
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the fourth factor cuts against a default or dismissal sanction. Thus the key factors are
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prejudice and availability of lesser sanctions.” Wanderer v. Johnston, 910 F.2d 652, 656 (9th
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Cir. 1990).
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The first three factors do not favor Plaintiff, particularly in light of the fact that
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Plaintiff has apparently lost interest in prosecuting his action. There is no risk of prejudice
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to Defendant to resolve the action in his favor, and judicial efficiency also favors resolution
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of this action. The fourth factor of favoring disposition of cases on their merits weighs in
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favor of Plaintiff, and for the fifth factor, dismissal without prejudice is the least drastic
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sanction. In light of the overall five-factor analysis weighing in Defendant’s favor, the Court
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will dismiss Plaintiff’s action, without prejudice, for failure to prosecute.
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IT IS ORDERED:
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(1) The reference to the Magistrate Judge is withdrawn as to Defendant’s Motion for
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Summary Judgment; the Motion is denied as moot (Doc. 17); and the action is dismissed
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without prejudice for failure to prosecute.
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(2) The Clerk of Court must enter judgment accordingly.
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DATED this 23rd day of June, 2011.
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