Williams v. CDCR Department Corrections and Rehabilitations et al
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss With Prejudice for Plaintiff's Failure to Comply With the Court's Order and Failure to State a Claim, signed by Magistrate Judge Jennifer L. Thurston on 1/11/16. Objections to F&R Due Within Thirty Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VINCE WILLIAMS,
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Plaintiff,
v.
CDCR DEPARTMENT CORRECTIONS
AND REHABILITATION, et al.,
Defendants.
1:14-cv-01912-LJO-JLT (PC)
FINDINGS AND RECOMMENDATION TO
DISMISS WITH PREJUDICE FOR
PLAINTIFF'S FAILURE TO COMPLY
WITH THE COURT'S ORDER AND
FAILURE TO STATE A CLAIM
(Docs. 23, 26, 28)
30-DAY DEADLINE
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In this action, the Court dismissed the second amended complaint because it failed to state
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any cognizable claims. The Court granted Plaintiff leave to file a third amended complaint within
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thirty days. (Doc. 23.) Plaintiff requested a 30-day extension of time to file a third amended
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complaint since he was soon to be paroled. (Doc. 24.) This Court did not find this to be good
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cause for the extension of time and denied the request. (Doc. 26.) Plaintiff’s third amended
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complaint was due on December 3, 2015.
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More than thirty days passed without Plaintiff filing an amended complaint or other
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response to the Court's Order. Thus, the Court ordered Plaintiff to show cause within 21 days
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why this action should not be dismissed because of his failure to comply with the Court’s order.
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(Doc. 28) More than 21 days have lapsed and Plaintiff has not filed a response to the order to
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show cause. Plaintiff was warned that the failure to comply with the Court's order would result in
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dismissal of this action and a strike would be imposed under 42 U.S.C. 1915(g) since he failed to
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state a cognizable claim. (Id.)
The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel, or
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of a party to comply with . . . any order of the Court may be grounds for the imposition by the
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Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110.
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“District courts have inherent power to control their dockets,” and in exercising that power, a
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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). A court may dismiss an action with prejudice,
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based on a party’s failure to prosecute an action or failure to obey a court order, or failure to
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comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)
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(dismissal for failure to comply with an order requiring amendment of complaint); Malone v. U.S.
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Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court
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order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to
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prosecute and to comply with local rules).
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Based on Plaintiff=s failure to comply with or otherwise respond to the OSC, there is no
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alternative but to dismiss the action for his failure to respond to/obey a court order and for failure
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to prosecute. Dismissal of this action should count as a strike under 42 U.S.C. 1915(g) since he
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has failed to state a cognizable claim.
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Accordingly, it is HEREBY RECOMMENDED that this action be dismissed, with
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prejudice, for Plaintiff's failure both to obey a court order and to prosecute this action, 42 U.S.C.
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§ 1997e (a), and that Plaintiff be given a strike under 42 U.S.C. 1915(g).
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 30
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days after being served with these Findings and Recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.”
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Plaintiff is advised that failure to file objections within the specified time may result in the
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waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing
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Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
January 11, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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