Wardene Kimm Cannon v. Metts et al
Filing
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ORDER Denying Plaintiff's 17 Fifth Motion for an Extension of Time and Ordering Plaintiff to Show Cause Why His Case Should Not Be Dismissed for Failure to Comply With a Court Order and Failure to State a Claim, signed by Magistrate Judge Michael J. Seng on 8/12/13. Response Due Within Fourteen Days. (Gonzalez, R)
(PC)Wardene Kimm Cannon v. Metts et al
Doc. 18
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WARDENE KIMM CANNON,
CASE NO. 1:12-cv-859-MJS (PC)
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ORDER DENYING PLAINTIFF’S FIFTH
MOTION FOR AN EXTENSION OF TIME
AND ORDERING PLAINTIFF TO SHOW
CAUSE WHY HIS CASE SHOULD NOT BE
DISMISSED FOR FAILURE TO COMPLY
WITH A COURT ORDER AND FAILURE TO
STATE A CLAIM
Plaintiff,
v.
J. METTS,
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Defendant.
(ECF No. 17)
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RESPONSE DUE WITHIN FOURTEEN
DAYS
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/
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Plaintiff Wardene Kimm Cannon (“Plaintiff”) is a state prisoner proceeding pro se
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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has
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consented to Magistrate Judge jurisdiction. (ECF No. 5.)
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The Court screened Plaintiff’s First Amended Complaint on September 27, 2012,
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and found that it failed to state a cognizable claim, but gave Plaintiff an opportunity to file
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an amended complaint on or before October 30, 2012. (ECF No. 8.) In lieu of filing an
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amended complaint, Plaintiff has filed numerous requests for extensions of time. (ECF
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Nos. 9, 11, 13, 15.) Although the Court has granted Plaintiff’s motions in the past, it can
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no longer justify doing so. The Court has many cases pending before it and cannot
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continue to allow Plaintiff’s case to linger on its docket. Accordingly, the Court will deny
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Plaintiff’s fifth motion for an extension of time. (ECF No. 17.)
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Plaintiff shall forthwith file an amended complaint or show cause as to why his case
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should not be dismissed for failure to comply with a court order and failure to state a claim.
-1Dockets.Justia.com
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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 adequately responded to the Court’s September 27, 2012, order.
Accordingly, the Court hereby ORDERS as follows;
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1.
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Plaintiff’s fifth motion for an extension of time in which to file an amended
complaint (ECF No. 17) is DENIED;
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2.
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No further extensions of time in which to file an amended complaint will be
granted;
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3.
Within fourteen (14) days of entry of this order, Plaintiff is to either file an
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amended complaint or show cause why his case should not be dismissed for
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failure to comply with a court order and failure to state a claim; and
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4.
Failure to meet this deadline will result in dismissal of this action.
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IT IS SO ORDERED.
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Dated:
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August 12, 2013
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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