Shapiro v. Campanelli

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THE DISTRICT COURT OF GUAM
JOHN SHAPIRO,
Plaintiff,
vs.
JOY CAMPANELLI,
Defendant.
CIVIL CASE NO. 25-00045
ORDER
On January 20, 2026, the court ordered Plaintiff to file an amended complaint within 21
days from the date of the Order. See ECF No. 3. The court also warned Plaintiff that failure to
timely file an amended complaint will result in dismissal with prejudice for failure to state a
claim. Id. On February 9, 2026, the mail that was sent to Plaintiff, containing a copy of the Order
dated January 20, 2026 (ECF No. 3), along with the Notice of Entry of Order (ECF No. 4), were
returned as undeliverable. See ECF No. 5.
The court has the inherent power to sua sponte dismiss a case for lack of prosecution. Ash
v. Cvetkov, 739 F.2d 493 (9th Cir. 1984). “[T]he district court must weigh the court’s need to
manage its docket, the public interest in expeditious resolution of litigation, and the risk of
prejudice to the defendants against the policy favoring disposition of cases on their merits, and
Case 1:25-cv-00045 Document 6 Filed 02/19/26 Page 1 of 2

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the availability of less drastic sanctions.” Id. (citations omitted).
In order for the court to manage its docket and to reflect the public’s interest in the
expeditious resolution of litigation, the court finds that dismissal of this case with prejudice is
warranted. Plaintiff failed to amend his complaint and while the court recognizes that the mail
sent to Plaintiff was returned as undeliverable, it is Plaintiff’s duty to ensure that his address is
updated.
SO ORDERED.
/s/ Frances M. Tydingco-Gatewood
Chief Judge
Dated:Feb 19, 2026
Case 1:25-cv-00045 Document 6 Filed 02/19/26 Page 2 of 2