Smith v. Consumer Recovery Associates, Inc.
Filing
16
ORDER of Dismissal for Failure to Prosecute. It is ordered that the case is DISMISSED without prejudice pursuant to Rule 41(b) for plaintiff's failure to prosecute and failure to comply with the 15 court order. By Judge R. Brooke Jackson on 03/22/13. (alvsl)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable R. Brooke Jackson
Civil Action No. 12-cv-00186-RBJ
ANJELA SMITH,
Plaintiff,
v.
CONSUMER RECOVERY ASSOCIATES, INC.,
Defendant.
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE
On March 13, 2013 this Court issued an order to show cause [Docket #15] returnable by
plaintiff within seven days as to why this case should not be dismissed for failure to prosecute.
To date the Court has received no response.
Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to prosecute or
to comply with these rules or a court order, a defendant may move to dismiss the action or any
claim against it.” Rule 41(b) “has long been interpreted to permit courts to dismiss actions sua
sponte for a plaintiff’s failure to prosecute….” Rogers v. Andrus Transp. Services, 502 F.3d
1147, 1151 (10th Cir. 2007) (quoting Olsen v. Mapes, 333 F.3d 1199, 1204 n. 3 (10th Cir.
2003)).
Prior to choosing dismissal as the appropriate sanction, the Court considers several
factors: (1) the degree of actual prejudice to the defendant; (2) the amount of interference with
the judicial process; (3) the culpability of the litigant; (4) whether the party was warned in
advance that dismissal would be a likely sanction for noncompliance; and (5) the efficacy of
lesser sanctions. See Ehrenhaus v. Reynolds, 965 F.2d 916, 921 (10th Cir. 1992). Plaintiff has
put very little effort into prosecuting this case.
Accordingly, it is ordered that the case is DISMISSED without prejudice pursuant to
Rule 41(b) for plaintiff’s failure to prosecute and failure to comply with a court order.
DATED this 22nd day of March, 2013.
BY THE COURT:
___________________________________
R. Brooke Jackson
United States District Judge
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