Lawson v. Youngblood
Filing
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ORDER to SHOW CAUSE Why Case Should Not Be Dismissed for Failure to Comply With Court Order, signed by Magistrate Judge Michael J. Seng on 7/26/2011. Plaintiff Must File Second Amended Complaint by August 25, 2011. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD A. LAWSON,
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Plaintiff,
v.
CASE NO. 1:09-cv-0992-LJO-MJS (PC)
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH COURT
ORDER
SHERIFF DONALD YOUNGBLOOD,
(ECF No. 17)
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Defendant.
PLAINTIFF MUST FILE SECOND
AMENDED COMPLAINT BY AUGUST 25,
/ 2011
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Plaintiff Richard A. Lawson (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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On March 3, 2011, the Magistrate Judge in this matter issued a Screening Order
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dismissing Plaintiff’s First Amended Complaint for failure to state a claim upon which relief
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could be granted. (Order, ECF No. 12.) Plaintiff was to file his Second Amended
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Complaint within thirty days of entry of the Order. (Id.) Plaintiff filed a Motion for an
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Extension of Time to File an Amended Complaint on May 16, 2011. (Mot., ECF No. 15.)
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The Court granted the requested extension on June 14, 2011. (Order, ECF No. 17.)
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Pursuant to this Order, Plaintiff was to file his Second Amended Complaint by July 5, 2011.
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(Id.) This deadline has passed, and to date Plaintiff has not filed a Second Amended
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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 June 14, 2011 Order. The July 5, 2011
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deadline has passed. (Order, ECF No. 17.) Nevertheless, the Court will give the Plaintiff
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one more opportunity to undertake to pursue this action.
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Plaintiff is ordered to file a Second Amended Complaint no later than August 25,
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2011. Failure to meet this deadline will result in dismissal of this action for failure to
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prosecute.
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IT IS SO ORDERED.
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Dated:
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July 26, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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