Wooten v. California Dept. of Corrections et al
Filing
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ORDER to SHOW CAUSE why Action Should not be Dismissed for Plaintiff's Failure to Comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 9/19/13. 14-Day Deadline. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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CALIFORNIA DEP’T OF CORRECTIONS, )
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et. al,
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Defendants.
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GREGORY E. WOOTEN,
Case No.: 1:13-cv-00570 – LJO – JLT (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
PLAINTIFF’S FAILURE TO COMPLY WITH THE
COURT’S ORDER
(Doc. 13).
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Plaintiff is a prisoner proceeding pro se in an action pursuant to 42 U.S.C. § 1983. The Court
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dismissed Plaintiff’s second amended complaint on August 26, 2013, but granted Plaintiff leave to file
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a third amended complaint within 21 days. (Doc. 13). More than 21 days have passed, and Plaintiff
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has failed to file a third 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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Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).
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Plaintiff is advised that this will be the Court’s FINAL order for Plaintiff to file a third
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amended complaint within 14 days of the date of service of this Order. Failure to do so will result
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in an immediate finding and recommendation of dismissal for failure to prosecute.
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IT IS SO ORDERED.
Dated:
September 19, 2013
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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