Simpson v. King, et al.
Filing
7
ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Failure to Obey a Court Order 6 , signed by Magistrate Judge Sandra M. Snyder on 2/11/15: Response Due Within Fifteen (15) Days. (Hellings, J)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
EARL SIMPSON,
Case No. 1:14-cv-01679-SMS HC
10
Petitioner,
11
v.
ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO OBEY A COURT ORDER
12
13
14
AUDREY KING, Executive Director
of Coalinga State Hospital, and
CLIFFORD ALLENBY, Chief
Director of California Mental Health
Services,
Doc. 6
RESPONSE DUE WITHIN FIFTEEN (15) DAYS
15
Respondents.
16
17
Petitioner Earl Simpson is a former state prisoner who has been civilly committed to
18
19
Coalinga State Hospital pursuant to California Penal Code § 2972. On October 21, 2014,
20
Petitioner filed a document entitled "Petition for Writ of Mandamus and Prohibition and
21
Requesting to Vacate an Order of Judgment." After reviewing the petition, on December 31,
22
2014, the Court dismissed it, with leave to amend, for failure to state a cognizable claim.
23
The Court ordered Petitioner to submit an amended complaint within thirty (30) days.
24
Doc. 6. The order warned Petitioner that failure to comply as directed might result in the
25
26
dismissal of this action for failure to state a claim. Although more than thirty days have passed,
27
Petitioner has neither filed an amended complaint nor responded to the Court’s order in any other
28
way.
1
1
2
3
The Court has discretion to impose any and all sanctions authorized by statute or Rule or
within the inherent power of the Court, including dismissal of an action, based on Petitioner’s
failure to comply with a court order. Fed. R. Civ. P. 11; Local Rule 110.
4
Accordingly, the Court HEREBY ORDERS that:
5
6
1. within fifteen (15) days from the date of service of this order, Petitioner shall file a
7
written response to the Court, showing cause why this case should not be dismissed
8
for Petitioner's failure to obey the Court’s order filed December 31, 2014;
9
2. the Clerk of Court shall mail a copy of this order to Petitioner's address, along with a
10
11
copy of the Court's December 31, 2014 order (Doc. 6); and
3. Petitioner's failure to comply with this order will result in the dismissal of this action
12
without further notice.
13
14
15
16
17
IT IS SO ORDERED.
Dated:
February 11, 2015
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?