-MLG Leslie Payne v. NCCF Medical Dorm 622 et al, No. 2:2011cv02924 - Document 6 (C.D. Cal. 2011)
Court Description: MEMORANDUM AND OPINION AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE by Judge Percy Anderson (twdb)
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e 1 2 --FILE D :~·-;:;S·O;::;~U-':;T:-;-;H;::-;ER~7N;-;:O:;;-IV:-:::IS:7:IO~N:---I CLERK, U.S. DISTRICT COUAl 3 4 JJ4 - I 2011 5 6 CT OF CALIFORNIA OEPUTY 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 13 14 15 16 17 18 LESLIE PAYNE, Case No.CV 11-2924-PA (MLG) Plaintiff, MEMORANDUM OPINION AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE v. NCCF MEDICAL DORM, et al., Defendants. 19 20 On April 20, 2011, Plaintiff Leslie Frank Payne, then a prisoner 21 at the Terminal Annex of the Los Angeles County Jail, 22 complaint pursuant to 42 U. S. C. 23 violations arising from an alleged denial of medical care over a 24 period of three years. On April 25, 2011, Magistrate Judge Marc L. 25 Goldman screened the complaint pursuant to 28 U.S.C. 26 and dismissed the complaint with leave to amend. Plaintiff was given 27 until May 18, 2011, in which to file an amended complaint. That Order 28 was served on Plaintiff at the Terminal Annex of the Los Angeles § 1983, filed this asserting constitutional § 1915(e) (2), _~~ ~ Co~nty Jail , ~~~~9-dress he provided on the complaint. On May 3, 2 2011, 3 Plaintiff was no longer an inmate at the institution. 4 correspondence has also been returned. Plaintiff has not informed the 5 court of any change of address and has made no contact with the court 6 since the filing of the complaint on April 20, 2011. the Order was returned to the Court with the notation that All other 7 This action must be dismissed for failure to prosecute. 8 Court has the inherent power to achieve the orderly and expeditious 9 disposition of cases by dismissing actions for failure to prosecute. 10 Link v. Wabash R.R., 370 U.S. 626, 629-30 (1962); Ferdik v. Bonzelet, 11 963 F.2d 1258, 12 weigh the following factors in determining whether to dismiss a case 13 for lack of prosecution: "(1) the public's interest in expeditious 14 resolution of litigation; (2) the court's need to manage its docket; 15 (3) the risk of prejudice to the defendants; 16 favoring 17 availability of less drastic sanctions." 18 F.3d 1081, 1084 (9th Cir. 2010); Ferdik, 963 F.2d at 1260, 1261; 19 re Eisen, 31 F.3d 1447, 1451 (9th Cir. 1994) 20 F.2d at 1423); see also Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th 21 Cir. 2002). 22 Here, 1260-61 disposition The (9th Cir. 1992). The Court is required to of cases on their (4) the public policy merits; and (5) the Omstead v. Dell, Inc, 594 In (citing Henderson, 779 the public's interest in the expeditious resolution of 23 litigation and the court's interest in managing its docket weighs in 24 favor of dismissal. Dismissal without prejudice would not undermine 25 the public policy favoring disposition of cases on the merits. 26 addition, there is no identifiable risk of prejudice to Defendants. 27 In addition, Plaintiff has failed to follow the mandate of L.R. 28 41-6. In That rule provides that a pro se Plaintiff must keep the Court 2 _____1_ ~ppris~d of his current address and :Rhone number._ ~If__ maiLdirect~~ 2 by the Clerk to a pro se plaintiff's address of record is returned 3 undelivered by the Postal Service, and if, within fifteen days of the 4 service date, such plaintiff fails to notify, in writing, the Court 5 . . . of his current address, the Court may dismiss the action with 6 or without prejudice." L.R.41-6. 7 Here, the April 25, 2011 Order requiring Plaintiff to file an 8 amended complaint was returned to the court on May 3, 2011. More than 9 fifteen days have elapsed since service of the order and Plaintiff 10 has not provided the Court with his current address. 11 alone, dismissal is warranted. 12 For this reason Balancing all of these factors, dismissal of this action with 13 prejudice for failure to prosecute is warranted. 14 IT IS SO ORDERED. 15 16 Dated: ~ May 30, 2011 ... .'ciiu.. .... ~.,. /' . . . 17 /,..,.>~ 18 19 Percy Anderson United States District Judge 20 21 22 Presented by: 23 24 25 MARC L. GOLDMAN Marc L. Goldman United States Magistrate Judge 26 27 28 3 _
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