Anthony D. Coleman v. Kenny Kalian et al, No. 5:2013cv00138 - Document 7 (C.D. Cal. 2013)

Court Description: MEMORANDUM OPINION AND ORDER by Judge Christina A. Snyder, DISMISSING ACTION WITH RESPECT TO CERTAIN DEFENDANTS. (See document for details.) For the reasons stated above, the action is dismissed without prejudice. (rla)

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fiLED. SOl,.ITHERN DIVISION CLERK, U.S. DISTRICT COUR1' 1 2 ~212013 3 0 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 EASTERN DIVISION 9 10 11 ANTHONY COLEMAN, 12 Plaintiff, 13 v. 14 KENNY KALIAN, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. EDCV 13-0138-CAS (MLG) MEMORANDUM OPINION AND ORDER DISMISSING ACTION WITH RESPECT TO CERTAIN DEFENDANTS 16 17 Anthony Coleman, a prisoner at the Chuckawalla State Prison, 18 filed this prose civil rights complaint pursuant to 42 U.S.C. 19 on January 31, 20 violated his constitutional rights by depriving him of a shower on 21 one particular day and by rejecting grievances 22 provision of appropriate religious meals. 2013. The complaint alleges that § 1983 the defendants relating to the 23 On February 6, 2013, Magistrate Judge Marc L. Goldman issued an 24 order dismissing the complaint with leave to amend. In doing so, it 25 was found that Plaintiff had failed to state a claim upon which 26 relief 27 specifically, it was found that 1) the causes of action arising from 28 the denial of grievances failed to state a claim upon which relief could be granted as all claims and all defendants. More 1 could be granted; 2) Plaintiff had failed to state claim upon which 2 relief could be granted arising from the one missed shower; and 3) 3 the complaint failed to comply with the requirements of Fed.R.Civ.P. 4 8 (a) ¢ 5 Plaintiff was directed to file a first amended complaint no 6 later than March 8, 2013. He was explicitly informed that failure to 7 file a first amended complaint in the time allowed would result in 8 dismissal of the action without prejudice for failure to prosecute. 9 Plaintiff has not filed a first amended complaint in the time allowed 10 nor has he requested an extension of time in which to do so. 11 The complaint should be dismissed without prejudice for failure 12 to prosecute. Federal courts possess the discretionary authority to 13 dismiss 14 prosecute or comply with a court order. Fed.R.Civ.P. 41(b); Local 15 Rule 12.1. See Link v. Wabash R.R. Co., 370 U.S. 626, 629-630 (1962). 16 "Dismissal is a harsh penalty and is to be imposed only in extreme 17 circumstances." 18 1986) . 19 determining whether to dismiss a case for lack of prosecution: "(1) 20 the public's interest in expeditious resolution of litigation; 21 the court's need to manage its docket; 22 the defendants; 23 on their merits; and (5) the availability of less drastic sanctions." 24 Omstead v. Dell, Inc, 25 Eisen, 31 F.3d 1447, 1451 (9th Cir. 1994) (citing Henderson, 779 F.2d 26 at 1423). 21 II 28 II an action based on a plaintiff's failure to diligently Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. The Court is required to weigh the following factors in (2) (3) the risk of prejudice to (4) the public policy favoring disposition of cases 594 F.3d 1081, 2 1084 (9th Cir. 2010); In re Here, 1 the public's interest in the expeditious resolution of 2 litigation and the court's interest in managing its docket weighs in 3 f~vor 4 order to file a first amended complaint, dismissal without prejudice 5 would not undermine the public policy favoring disposition of cases 6 on 7 prejudice to Defendants. 8 9 of dismissal. As Plaintiff has not complied with the Court's the merits. In addition, there is no identifiable prejudice. Dated: March 20, 2013 12 13 14 Christ1na A. Snyder United States Distr 15 16 17 18 Presented By: 19 20 21 22 of For the reasons stated above, the action is dismissed without 10 11 risk Marc L. Goldman United States Magistrate Judge 23 24 25 26 27 28 3

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