Riches v. Defcon, et al Doc.

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Case 2:06-cv-00293-BES-PAL Document 3 Filed 05/07/2007 Page 1 of 2

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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9 JONATHAN LEE RICHES,
Case No.: 2:06-CV-293-BES-PAL
10 Plaintiff,
11 vs. ORDER
12 DEFCON, et al.,
13 Defendants.
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15 The Court ordered (#2) Plaintiff to file an application to proceed in forma pauperis or
16 to pay the filing fee. Plaintiff has not complied within the allotted time.
17 “Before dismissing the action, the district court is required to weigh several factors: (1)
18 the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its
19 docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of
20 cases on their merits; and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46
21 F.3d 52, 53 (9th Cir. 1995) (internal citations and quotations omitted). All five factors point in
22 favor of dismissal. This action simply cannot proceed without Plaintiff first resolving his
23 financial situation, and Plaintiff has not taken the opportunity to do just that. Defendants, who
24 have not appeared, will suffer no prejudice.
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Dockets.Justia.com
 Case 2:06-cv-00293-BES-PAL Document 3 Filed 05/07/2007 Page 2 of 2

1 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice for

2 Plaintiff’s failure to comply with the Court’s Order #2. The Clerk of the Court shall enter
3 judgment accordingly.
4 DATED this 3rd day of May, 2007.
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BRIAN SANDOVAL
9 United States District Judge
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