Poslof v. CA Dept of Corrections and Rehabilitations, et al

Filing 23

ORDER To SHOW CAUSE Why Action Should Not Be Dismissed For Failure To Prosecute And Comply With The Court's Order (ECF No. 21 ), signed by Magistrate Judge Stanley A. Boone on 9/2/2014. Show Cause Response due by 9/22/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LONNIE LEE POSLOF, Sr.,

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Plaintiff,
v.
CDCR, et al.,

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Defendants.

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Case No.: 1:13-cv-01935-AWI-SAB (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE
TO PROSECUTE AND COMPLY WITH THE
COURT’S ORDER
[ECF No. 21]

Plaintiff Lonnie Lee Poslof, Sr. is appearing pro se in this civil rights action pursuant to 42
U.S.C. § 1983.

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On July 21, 2014, the undersigned dismissed Plaintiff’s first amended complaint, with leave to

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amend, for failure to state a cognizable claim for relief. Plaintiff was directed to file an amended

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complaint within thirty days from the date of service of that order. The thirty day time period has

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expired and Plaintiff has failed to comply with the Court’s order. As a result, there is no pleading on

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file which sets forth any claims upon which relief may be granted.

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The Local Rules, corresponding with Rule 11 of the Federal Rules of Civil Procedure, provide:

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“Failure of counsel or of a party to comply with … any order of the Court may be grounds for the

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imposition by the Court of any and all sanctions … within the inherent power of the Court.” Local

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Rule 110. “District courts have inherent power to control their dockets,” and in exercising that power,

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a court may impose sanctions including dismissal of an action. Thompson v. Housing Authority of

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Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986).
Accordingly, within fifteen (15) days from the date of service of this order Plaintiff is ordered

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to show cause why the action should not be dismissed for failure to comply with a court order, or in

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the alternative, to file an amended complaint.

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IT IS SO ORDERED.

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Dated:

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September 2, 2014
UNITED STATES MAGISTRATE JUDGE

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