Filed: Oct. 17, 2017
Latest Update: Oct. 17, 2017
Summary: ORDER DISMISSING PLAINTIFF'S CLAIMS WITH PREJUDICE AND DIRECTING THAT THE CASE BE CLOSED LESLIE E. KOBAYASHI , District Judge . A Judgment in a Civil Case ("Judgment") was entered on June 14, 2017. [Dkt. no. 19.] On June 19, 2017, pro se Plaintiff Frank Webb Jr. ("Plaintiff") filed a document that was construed as a motion for relief pursuant to Fed. R. Civ. P. 60. [Dkt. nos. 20 (motion), 21 (entering order construing motion).] On August 16, 2017, this Court issued the Order Granting Plain
Summary: ORDER DISMISSING PLAINTIFF'S CLAIMS WITH PREJUDICE AND DIRECTING THAT THE CASE BE CLOSED LESLIE E. KOBAYASHI , District Judge . A Judgment in a Civil Case ("Judgment") was entered on June 14, 2017. [Dkt. no. 19.] On June 19, 2017, pro se Plaintiff Frank Webb Jr. ("Plaintiff") filed a document that was construed as a motion for relief pursuant to Fed. R. Civ. P. 60. [Dkt. nos. 20 (motion), 21 (entering order construing motion).] On August 16, 2017, this Court issued the Order Granting Plaint..
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ORDER DISMISSING PLAINTIFF'S CLAIMS WITH PREJUDICE AND DIRECTING THAT THE CASE BE CLOSED
LESLIE E. KOBAYASHI, District Judge.
A Judgment in a Civil Case ("Judgment") was entered on June 14, 2017. [Dkt. no. 19.] On June 19, 2017, pro se Plaintiff Frank Webb Jr. ("Plaintiff") filed a document that was construed as a motion for relief pursuant to Fed. R. Civ. P. 60. [Dkt. nos. 20 (motion), 21 (entering order construing motion).] On August 16, 2017, this Court issued the Order Granting Plaintiff's Motion for Relief Pursuant to Fed. R. Civ. P. 60 ("8/16/17 Order"). [Dkt. no. 23.] The 8/16/17 Order granted Plaintiff's motion and allowed him to file amended complaint asserting his 5 U.S.C. § 552a(d) claim, his intentional infliction of emotional distress claim ("IIED"), and his claim asserting a 42 U.S.C. § 405(g) appeal. [8/16/17 Order at 5.] This Court's previous orders dismissing those claims with prejudice were set aside. [Id. at 7-8.] The 8/16/17 Order directed Plaintiff to file his amended complaint by October 10, 2017. [Id. at 8.]
Plaintiff has neither filed his amended complaint nor requested an extension of the deadline to file his amended complaint. This Court FINDS that Plaintiff has abandoned this case. Because Plaintiff has abandoned this case and failed to comply with the 8/16/17 Order, this Court has the discretion to dismiss his claims with prejudice. See Yourish v. Cal. Amplifier, 191 F.3d 983, 988 (9th Cir. 1999) (holding that the plaintiff's failure to comply with a minute order setting forth the deadline to file the amended complaint gave the district court the discretion to dismiss the case under Fed. R. Civ. P. 41(b)).1 After weighing the five dismissal factors set forth in Dreith v. Nu Image, Inc., 648 F.3d 779, 788 (9th Cir. 2011),2 this Court finds that the public interest in the expeditious resolution of this litigation and this Court's interest in managing the docket strongly outweigh the policy favoring disposition of cases on the merits. Moreover, Defendant Nancy A. Berryhill, Acting Commissioner of Social Security ("Defendant"), will not be prejudiced by dismissal because there have been minimal filings and proceedings on the merits of Plaintiff's claims, and there are no less drastic alternatives available at this time.
Plaintiff's § 552a(d) claim, his IIED claim, and his claim asserting a § 405(g) appeal are HEREBY DISMISSED WITH PREJUDICE. There being no remaining claims in this case, this Court DIRECTS the Clerk's Office to enter judgment in favor of Defendant and close the case immediately.
IT IS SO ORDERED.
