Mack v. Witcher, et al

Filing 31

ORDER to SHOW CAUSE Why Case Should not be Dismissed for Failure to Comply With Court Order 30 , Plaintiff Must File Amended Complaint by November 7, 2011, signed by Magistrate Judge Michael J. Seng on 10/23/11. (Attachments: # 1 Amended Complaint Forma)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY E. MACK,

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CASE NO. 1:04-cv-5787-LJO-MJS (PC)

Plaintiff,
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH COURT
ORDER

v.
M K WITCHER, et al.,

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(ECF No. 30)
Defendants.

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PLAINTIFF MUST FILE AMENDED
COMPLAINT BY NOVEMBER 7, 2011
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Plaintiff Anthony E. Mack (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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On August 10, 2011, the Court issued an Order denying Plaintiff’s Motion for a Stay,
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and ordering Plaintiff to file a Second Amended Complaint by September 12, 2011.
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(Order, ECF No. 30.) Prior to Plaintiff’s Motion for a Stay, the Court had screened
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Plaintiff’s Complaint, found that it failed to state a cognizable claim, and gave Plaintiff leave
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to amend. (Order, ECF No. 24.) The September 12, 2011 deadline has passed, and
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Plaintiff has not filed a Second Amended Complaint or a request for an extension.
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Local Rule 110 provides that “failure of counsel or of a party to comply with these
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Rules or with any order of the Court may be grounds for imposition by the Court of any and
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all sanctions . . . within the inherent power of the Court.” District courts have the inherent
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power to control their dockets and “in the exercise of that power, they may impose
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sanctions including, where appropriate . . . dismissal of a case.” Thompson v. Housing

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Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a party’s

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failure to prosecute an action, failure to obey a court order, or failure to comply with local

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rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for

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noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)

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(dismissal for failure to comply with an order requiring amendment of complaint);

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Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of

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prosecution and failure to comply with local rules).

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Plaintiff has not responded to the Court’s August 10, 2011 Order, even though the

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September 12, 2011 deadline contained in the Order has passed. (Order, ECF No. 30.)

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Accordingly, Plaintiff shall file a Second Amended Complaint no later than November 7,

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2011, or show cause as to why his case should not be dismissed for failure to comply with

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a Court order and failure to state a claim. Plaintiff is hereby on notice that failure to meet

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this deadline will result in dismissal of this action for failure to prosecute.

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IT IS SO ORDERED.

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Dated:
ci4d6

October 23, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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