Davis v. Davis et al
| Israel Beray Davis |
| Larry Daivs, Don Davis and Carla Davis |
| 3:2024cv02064 |
| December 12, 2024 |
| U.S. District Court for the District of Oregon |
| Karin J Immergut |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing 4
ORDER OF DISMISSAL: This Court previously ordered that Plaintiff either pay the filing fee or submit an application to proceed in forma pauperis. Order, ECF 3. He was provided thirty days to correct these deficiencies. Id. More than thirty days has passed, and Plaintiff has not paid the fee, filed a complete application to proceed IFP, or otherwise communicated with the Court. To determine whether a plaintiff's failure to comply with a court's order warrants dismissal, a court weighs five factors: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits and (5) the availability of less drastic sanctions." Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). Here, dismissal would allow the Court to manage its docket, promote the expeditious resolution of litigation, and avoid prejudice to Defendants. This Court previously warned Plaintiff that any failure to comply would result in dismissal. Order, ECF 3; see Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Accordingly, IT IS ORDERED AND ADJUDGED that Plaintiff's claims are DISMISSED without prejudice. See 28 U.S.C. 1914(c), 1915(a); Local Rule 3-4(a). Ordered on 1/22/2025 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 1/23/25.) (jy)
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Filing 3
SCHEDULING ORDER: Plaintiff is ORDERED to either pay the filing fee or submit an application to proceed in forma pauperis within thirty (30) days of the date of this Order. Failure to do so will result in the dismissal of this proceeding without prejudice. See 28 U.S.C. 1914(c), 1915(a) Local Rule 3-4(a). Ordered on 12/16/2024 by Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 12/16/24.) (jy)
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| Filing 2 Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (Deposited in outgoing mail to pro se party on 12/16/2024.) (dino) |
| Filing 1 Complaint. Jury Trial Requested: No. No filing fee or IFP application received. Filed by Israel Beray Davis against All Defendants. (dino) Modified on 12/16/2024 to fee status information (dino) |
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