Ernie Garcia Vasquez v. Los Angeles County Sheriff et al, No. 2:2008cv04360 - Document 10 (C.D. Cal. 2009)
Court Description: MEMORANDUM OPINION AND ORDER DISMISSING COMPLAINT FOR FAILURE TO PROSECUTE by Judge Stephen V. Wilson. (See Order for details) (db)
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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 12 ERNIE GARCIA VASQUEZ, 13 Plaintiff, 14 v. 15 OFFICER MAGANA, et al., 16 17 Defendant. ) ) ) ) ) ) ) ) ) ) Case No. CV 08-4360-SVW (MLG) MEMORANDUM OPINION AND ORDER DISMISSING COMPLAINT FOR FAILURE TO PROSECUTE 18 19 This is a pro se civil rights action brought pursuant to 42 20 U.S.C. ยง 1983. Plaintiff is currently incarcerated at the California 21 Rehabilitation Center in Norco, Californa. He filed the first amended 22 pro se civil rights action on August 19, 2008. 23 Magistrate Judge Marc L. Goldman directed that the United States 24 Marshal effect service upon Defendants Magana and Stuplinski, both 25 of whom were allegedly employed by the Los Angeles County Sheriff s 26 Department. Plaintiff forwarded the appropriate paperwork to the 27 Marshal for service. However, on September 9, 2008, the Marshal was 28 informed by the Sheriff s Department that they had no employee named On August 21, 2008, 1 Stuplinski and that they had three employees named Magana, and could 2 not identify the Deputy Magana who was to be served. Additional 3 identification information was requested so that service could be 4 effected. 5 On December 11, 2008, Magistrate Judge Goldman issued an order 6 directing Plaintiff to provide additional information, on or before 7 January 5, 2009, by which the Defendants could be identified and 8 served, such as first names or identification numbers. Plaintiff was 9 informed that his failure to respond to the order would result in the 10 case being dismissed for failure to prosecute. Plaintiff did not 11 respond to the order in the time allowed. 12 This action shall be dismissed for failure to prosecute. 13 Court has the inherent power to achieve the orderly and expeditious 14 disposition of cases by dismissing actions for failure to prosecute. 15 Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962); Ferdik v. Bonzelet, 16 963 F.2d 1258, 1260-61 (9th Cir. 1992). The Court is required to weigh 17 the following factors in determining whether to dismiss a case for 18 lack of prosecution: (1) the public s interest in expeditious 19 resolution of litigation; (2) the court s need to manage its docket; 20 (3) the risk of prejudice to the defendants; (4) the public policy 21 favoring 22 availability of less drastic sanctions. 23 1261; 24 Henderson, 779 F.2d at 1423); see also In re PPA Products Liability 25 Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006); Pagtalunan v. Galaza, 26 291 F.3d 639, 642 (9th Cir. 2002). disposition of cases on their merits; and (5) The the Ferdik, 963 F.2d at 1260, In re Eisen, 31 F.3d 1447, 1451 (9th Cir. 1994) (citing 27 Here, the public s interest in the expeditious resolution of 28 litigation and the court s interest in managing its docket weighs in 2 1 favor of dismissal. Given Plaintiff s failure to comply with the 2 court s order, dismissal would not undermine the public policy 3 favoring disposition of cases on the merits. 4 no identifiable risk of prejudice to Defendants. Finally, five months 5 have elapsed since the first amended complaint was filed without 6 Plaintiff identifying the Defendants with enough specificity so that 7 service can be effected. 8 9 10 In addition, there is Balancing all of these factors, dismissal of this action without prejudice for failure to prosecute is warranted. IT IS SO ORDERED. 11 12 Dated: March 18, 2009 13 14 15 Stephen V. Wilson United States District Judge 16 17 Presented By: 18 19 20 Marc L. Goldman United States Magistrate Judge 21 22 23 24 25 26 27 28 3
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