The following excerpt is from Smith v. Stovall, No. 2:08-cv-02492 KJM CKD P (E.D. Cal. 2018):
While the public policy favoring disposition of cases on their merits generally weighs in plaintiff's favor, in this case plaintiff has not indicated any interest in resolving this civil rights action that was originally set for trial in 2012. See e.g., Hernandez v. City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998). It is plaintiff's responsibility to move the case towards disposition at a reasonable pace, and to avoid dilatory and evasive tactics. See Morris v. Morgan Stanley, 942 F.2d 648, 652 (9th Cir. 1991). Plaintiff has not discharged this responsibility despite having been instructed on his responsibilities and being granted over three years in which to reset this matter for trial.
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