Mwasi v. Corcoran State Prison

Filing 15

ORDER to SHOW CAUSE why the Action Should not be Dismissed for Plaintiff's Failure to Comply with the Court's Order signed by Magistrate Judge Jennifer L. Thurston on 08/13/2013. Show Cause Response due by 9/9/2013. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KING MWASI, 12 13 14 15 Plaintiff, v. CORCORAN STATE PRISON, Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-00695 – JLT (PC) ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR PLAINTIFF’S FAILURE TO COMPLY WITH THE COURT’S ORDER (Doc. 13). 17 Plaintiff is a prisoner proceeding pro se in an action pursuant to 42 U.S.C. § 1983. On May 13, 18 2013, the Court ordered Plaintiff to inform the Court as to whether he consented to proceed before the 19 Magistrate Judge or declined and wished this matter to be assigned to a District Judge. (Doc. 8). 20 Plaintiff’s response was due on or before June 17, 2013. Id. Plaintiff failed to respond. 21 On July 3, 2013, the Court again ordered Plaintiff to file his consent or request for 22 reassignment on July 3, 2013. (Doc. 13). Plaintiff’s response was due on or before August 5, 2013. 23 Plaintiff has again failed to respond. 24 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or of a 25 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 26 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 27 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 28 1 1 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 2 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute 3 an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. 4 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order 5 requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) 6 (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th 7 Cir. 1986) (dismissal for failure to prosecute and to comply with local rules). 8 Plaintiff is advised that this will be the Court’s final order for Plaintiff to file his consent or 9 request for reassignment. Should Plaintiff fail to comply with this order, the Court may issue findings 10 and recommendations that this matter be dismissed. Accordingly, Plaintiff is ORDERED to show 11 cause within 21 days of the date of service of this Order why the action should not be dismissed for 12 his failure comply with the Court’s order. ORDER 13 14 Accordingly, the Court ORDERS as follows: 1. Plaintiff SHALL complete and return the consent/decline form within 21 days 15 16 days of the date of service of this Order; and 2. The Clerk of the Court is DIRECTED to send Plaintiff another copy of the 17 18 consent/decline form and the instructions for consent to Magistrate Judge’s jurisdiction. 19 20 21 22 IT IS SO ORDERED. Dated: August 13, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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