Lopez v. Shiesha et al
Filing
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ORDER to SHOW CAUSE why Case should not be Dismissed without Prejudice for Failure to Comply with Court Order signed by Magistrate Judge Michael J. Seng on 09/17/2013. Show Cause Response due by 10/7/2013. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CLAY EDWARD LOPEZ,
CASE No. 1:12-cv-00076-MJS (PC)
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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED WITHOUT
PREJUDICE FOR FAILURE TO COMPLY
WITH COURT ORDER
Plaintiff,
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v.
(ECF No. 22)
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S. SHIESHA, et al.,
FOURTEEN (14) DAY DEADLINE
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Defendants.
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/
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Plaintiff Clay Edward Lopez is a former state prisoner proceeding pro se and in
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forma pauperis in this civil rights action filed January 17, 2012 pursuant to 42 U.S.C. §
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1983. (Compl., ECF No. 1.) Plaintiff consented to extend magistrate judge jurisdiction to
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all matters and purposes. (Consent to Magistrate, ECF No. 5.)
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On March 28, 2013, the Court instructed Plaintiff to complete and submit documents
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necessary for service of process by not later than May, 2, 2013. (ECF No. 22.) That
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deadline has passed without Plaintiff filing the service documents or requesting an
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extension of time to do 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).
Plaintiff has not responded to the Court’s Order requiring that he file documents
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necessary to execute service.
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Accordingly, it is HEREBY ORDERED THAT:
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1.
Within fourteen (14) days of service of this order, Plaintiff shall either show
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cause as to why his case should not be dismissed without prejudice for
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failure to comply with the Court’s March 28, 2013 Order, or file the service
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documents; and
2.
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If Plaintiff fails to show cause or file the requested documents, this action
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shall be dismissed, without prejudice, for failure to obey a court order and
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failure to prosecute.
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IT IS SO ORDERED.
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Dated:
ci4d6
September 17, 2013
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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