Barboza v. Green

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 8/27/2013. Show Cause Response due by 9/16/2013.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUMALDO BARBOZA,

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Plaintiff,
v.
BARRY J. GREEN,
Defendant.

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Case No.: 1:12-cv-01914 – AWI - JLT
ORDER TO SHOW CAUSE WHY THE ACTION
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO COMPLY WITH THE
COURT’S ORDER
(Doc. 15)

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Plaintiff Rumaldo Barboza (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On July 30, 2013, the Court

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dismissed the complaint in this matter. (Doc. 15). The Court granted Plaintiff 21 days from the date of

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service of the order to comply with the July 30, 2013 order. Id. Nonetheless, more than 21 days have

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passed and Plaintiff has failed to file a first amended complaint.

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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or of a

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party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any

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and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have

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inherent power to control their dockets,” and in exercising that power, a court may impose sanctions

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including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831

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(9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute

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an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v.

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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order

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requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987)

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(dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th

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Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).

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Plaintiff is advised that this will be the Court’s FINAL order for Plaintiff to file his first

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amended complaint. Should Plaintiff fail to file his first amended complaint, the Court will issue

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findings and recommendations that this matter be dismissed.

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Accordingly, Plaintiff is ORDERED to show cause within 14 days of the date of service of

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this Order why the action should not be dismissed for his failure comply with the Court’s order. In the

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alternative, within this same 14-day time period, Plaintiff may file his first amended complaint.

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IT IS SO ORDERED.
Dated:

August 27, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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