Adams v. Yates et al
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 11/17/2011. Amended Complaint or Show Cause Response Due Within. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICKEY ADAMS,
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CASE NO. 1:10-cv-0671-AWI-MJS (PC)
Plaintiff,
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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH COURT
ORDER
v.
J. YATES, et al.,
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(ECF No. 20)
Defendants.
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AMENDED COMPLAINT DUE WITHIN
THIRTY DAYS
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/
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Plaintiff Rickey Adams (“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 September 2, 2011, the Court issued an Order denying Plaintiff’s Motion to set
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a schedule for discovery and pre-trial motions. (ECF No. 20.) In the same Order, the
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Court granted Plaintiff’s Motion to File an Amended Complaint. (Id.) Plaintiff was to file
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his Amended Complaint by October 3, 2011. (Id.) This deadline has passed. Plaintiff has
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not filed an Amended Complaint or a request for an extension of time within which to do
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so.
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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 September 2, 2011 Order. The October
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3, 2011 deadline to respond has expired.. (Order, ECF No. 20.) Accordingly, within no
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more than thirty (30) days of the date of entry of this Order, Plaintiff shall file an Amended
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Complaint or show cause 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. Failure to meet this deadline will result in
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dismissal of this action for failure to prosecute.
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IT IS SO ORDERED.
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Dated:
ci4d6
November 17, 2011
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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