Hernandez v. Six Unknown Names Agents Or Mr. President Of The United States Barack Obama

Filing 4

ORDER DISMISSING ACTION without Prejudice for Failure to Prosecute signed by District Judge Anthony W. Ishii on 02/11/2013. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALEJANDRO VARGAS HERNANDEZ,
Plaintiff,

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CASE No. 1:12-cv-01278-AWI-MJS (PC)
ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO
PROSECUTE

v.

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SIX UNKNOWN NAMES AGENTS OR
MR. PRESIDENT OF THE UNITED
STATES BARACK OBAMA,

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Defendant(s).
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On August 6, 2012, Plaintiff, a federal prisoner proceeding pro se, filed what was

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construed as a civil rights complaint pursuant to Bivens v. Six Unknown Agents, 403

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U.S. 388 (1971). (Compl., ECF No. 1.) The Complaint, which sets forth no intelligible

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claims for relief, is not signed. No filing fee has been paid. No request to proceed in

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forma pauperis has been filed. A civil action may not proceed without the submission of

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either the filing fee or the grant of in forma pauperis status. 28 U.S.C. §§ 1914, 1915.

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On August 9, 2012, the Court issued its Order striking the Complaint and

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directing that within fourteen days Plaintiff file a signed complaint and either an

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application to proceed in forma pauperis or pay the filing fee. (Order Striking Compl.,

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ECF No. 2.) On August 27, 2012, Court mail sent to Plaintiff was returned as

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undeliverable.

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On November 26, 2012, the Court issued its Order that, by not later than

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December 14, 2012, Plaintiff either file a current address or show cause as to why his

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case should not be dismissed without prejudice for failure to prosecute. (Order Show

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Cause, ECF No. 3.) On December 6, 2013, Court mail sent to Plaintiff was returned as
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undeliverable.
Local Rule 183(b) provides that “[a] party appearing in propria persona shall

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keep the Court and opposing parties advised as to his or her current address [and if]

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mail directed to a plaintiff in propria persona by the Clerk is returned by the U.S. Postal

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Service, and if such plaintiff fails to notify the Court and opposing parties within

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sixty-three (63) days thereafter of a current address, the Court may dismiss the action

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without prejudice for failure to prosecute.”

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Local Rule 110 provides that “failure of counsel or of a party to comply with these
Rules or with any order of the Court may be grounds for imposition by the Court of any

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and all sanctions . . . within the inherent power of the Court.” District courts have the

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inherent power to control their dockets and “in the exercise of that power, they may

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impose sanctions including, where appropriate . . . dismissal of a case.” Thompson v.

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Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based

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on a party’s failure to prosecute an action, failure to obey a court order, or failure to

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

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(dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258,

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1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring

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amendment of complaint); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)

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(dismissal for lack of prosecution and failure to comply with local rules).

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In the instant case, more than sixty-three days have passed since Plaintiff’s mail
was returned and he has not notified the Court of a current address.

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Accordingly, it is HEREBY ORDERED THAT this action be DISMISSED without

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prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated:
0m8i78

February 11, 2013
SENIOR DISTRICT JUDGE

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