2:25-cv-02836•Farias #128268 v. NaphCare et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Johnny Rene Farias, Plaintiff, v. NaphCare, et al., Defendants. No. CV-25-02836-PHX-KML (MTM) ORDER TO THE HONORABLE KRISSA M. LANHAM, UNITED STATES DISTRICT JUDGE: I. Summary of Conclusion This matter is before the Court on its own review. Plaintiff failed to comply with the Court’s Order and file a “Notice of Substitution” providing the actual names of Defendants John Doe and Jane Doe, and the time for doing so has expired. Accordingly, the Court will recommend that Plaintiff’s claims against the Doe Defendants be dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure. II. Background On August 7, 2025, Plaintiff Johnny Rene Farias, who is confined in the Arizona State Prison Complex-Lewis, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). In its screening Order, the Court ordered Defendant NaphCare to answer the Complaint, gave Plaintiff an opportunity to discover Defendants John and Jane Doe’s actual names and file a notice of substitution, and dismissed Defendant Shinn without Case 2:25-cv-02836-KML-MTM Document 20 Filed 02/17/26 Page 1 of 4
- 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prejudice. As to the Doe Defendants, the Court stated, “[w]ithin 120 days from the filing date of this Order, Plaintiff must file a ‘Notice of Substitution,’ substituting Defendants John Doe and Jane Doe’s actual name. The Court may dismiss without prejudice Defendants John Doe and Jane Doe if Plaintiff fails to timely file a notice of substitution, unless Plaintiff seeks and is granted an extension of time.” (Doc. 7.) The record reflecting that Plaintiff failed to file a “Notice of Substitution” substituting the Doe Defendants’ actual names, and the time for doing so having expired, the Court issued an Order requiring Plaintiff to show cause why this action should not be dismissed as to the Doe Defendants for failure comply with the Court’s Order and provide their actual names. Plaintiff then filed a request for an extension of time. (Doc. 15.) The Court granted the motion on January 5, 2026, stating, in pertinent part, “[i]f Plaintiff fails to file a notice of substitution within 30 days from the date of this Order, the Court may dismiss without prejudice the Doe Defendants.” (Doc. 16.) To date, however, Plaintiff has failed to file a Notice of Substitution and the time for doing so has expired. III. Discussion Plaintiff’s action against the Doe Defendants may be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure, for failure to comply with this Court’s Orders. Rule 41(b) of the Federal Rules of Civil Procedure provides “[i]f the plaintiff fails to comply with these rules or any order of court, a defendant may move to dismiss the action or any claim against it.” In Link v. Wabash Railroad Co., 370 U.S. 626, 629-31 (1962), the Supreme Court recognized that a federal district court has the inherent power to dismiss a case sua sponte for failure to prosecute. Moreover, in appropriate circumstances, the Court may dismiss a complaint for failure to prosecute even without notice or hearing. See id. at 633. In determining whether Plaintiff’s failure to prosecute warrants dismissal of the case, the Court must weigh the following five factors: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk Case 2:25-cv-02836-KML-MTM Document 20 Filed 02/17/26 Page 2 of 4
- 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions.” Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988) (quoting Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)). “The first two of these factors favor the imposition of sanctions in most cases, while the fourth factor cuts against a default or dismissal sanction. Thus the key factors are prejudice and availability of lesser sanctions.” Wanderer v. Johnson, 910 F.2d 652, 656 (9th Cir. 1990). Here, the first, second, and third factors favor dismissal of this case as to the Doe Defendants. Plaintiff’s failure to file a Notice of Substitution providing the actual identities of these Defendants as directed, prevents the case from proceeding against them in the foreseeable future. The fourth factor, as always, weighs against dismissal. The fifth factor requires the Court to consider whether a less drastic alternative is available. The Court has already ordered Plaintiff to show cause why this matter should not be dismissed and granted Plaintiff an extension of time to comply. Plaintiff has failed to do so. The Court finds that only one less drastic sanction is realistically available. Rule 41(b) provides that a dismissal for failure to prosecute operates as an adjudication upon the merits “[u]nless the dismissal order states otherwise.” In the instant case, the Court finds that a dismissal with prejudice would be unnecessarily harsh. Therefore, the Court will recommend dismissal of this action without prejudice as to the Doe Defendants pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Accordingly, IT IS RECOMMENDED that Plaintiff’s Complaint (Doc. 1) be dismissed without prejudice as to the Doe Defendants pursuant to Fed. R. Civ. P. 41(b). This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court’s judgment. The parties shall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. See 28 Case 2:25-cv-02836-KML-MTM Document 20 Filed 02/17/26 Page 3 of 4
- 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72. Thereafter, the parties have 14 days within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge’s Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party’s right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge’s Report and Recommendation. See Fed. R. Civ. P. 72. Dated this 13th day of February, 2026. Case 2:25-cv-02836-KML-MTM Document 20 Filed 02/17/26 Page 4 of 4
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