Cranford v. King et al
ORDER to SHOW CAUSE Why Action Should Not Be Dismissed With Prejudice for Failure to Obey a Court Order and Failure to Prosecute 8 , signed by Magistrate Judge Michael J. Seng on 8/31/14: Fourteen (14) Day Deadline. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
AUDREY KING, et al.,
Case No. 1:14-cv-01002-MJS (PC)
ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE DISMISSED
WITH PREJUDICE FOR FAILURE TO
OBEY A COURT ORDER AND FAILURE
(ECF No. 8)
FOURTEEN (14) DAY DEADLINE
Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983. The Complaint was dismissed for failure to
20 state a claim. Plaintiff was granted leave to file an amended complaint by not later than
21 August 18, 2014.
The August 18, 2014 deadline has passed without Plaintiff either filing an
23 amended pleading or seeking an extension of time to do so.
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
and all sanctions . . . within the inherent power of the Court.” District courts have the
28 inherent power to control their dockets and “in the exercise of that power, they may
1 impose sanctions including, where appropriate . . . dismissal of a case.” Thompson v.
2 Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action, with
prejudice, based on a party’s failure to prosecute, failure to obey a court order, or failure
to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)
(dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-
7 61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of
8 a complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for
9 failure to comply with local rule requiring pro se plaintiffs to keep court apprised of
10 address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal
for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424
(9th Cir. 1986) (dismissal for lack of prosecution and failure to comply with local rules).
In determining whether to dismiss an action for lack of prosecution, failure to
15 obey a court order, or failure to comply with local rules, the Court must consider several
16 factors: (1) the public’s interest in expeditious resolution of litigation, (2) the Court’s
17 need to manage its docket, (3) the risk of prejudice to the defendants, (4) the public
policy favoring disposition of cases on their merits, and (5) the availability of less drastic
alternatives. Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone,
833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.
In the instant case, the public’s interest in expeditiously resolving this litigation
23 and the Court’s interest in managing its docket weigh in favor of dismissal. The third
24 factor, risk of prejudice to Defendants, also weighs in favor of dismissal, since a
25 presumption of injury arises from the occurrence of unreasonable delay in prosecuting
this action. Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor --
public policy favoring disposition of cases on their merits -- is greatly outweighed by the
1 factors in favor of dismissal discussed herein. Finally, as for the availability of lesser
2 sanctions, at this stage in the proceedings there is little available which would constitute
a satisfactory lesser sanction while preserving scarce Court resources. Plaintiff has not
paid the filing fee for this action and is likely unable to pay, making monetary sanctions
of little use.
Accordingly, it is HEREBY ORDERED THAT:
Within fourteen (14) days of service of this Order, Plaintiff shall either
show cause as to why this action should not be dismissed with prejudice
for failure to comply with the Court’s order (ECF No. 8) and failure to
prosecute, or file an amended complaint, and
If Plaintiff fails to show cause or file an amended complaint, the action will
be dismissed, with prejudice.
16 IT IS SO ORDERED.
August 31, 2014
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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