Avalos v. Carpenter et al

Filing 32

FINDINGS and RECOMMENDATION to Dismiss With Prejudice for Plaintiff's Failure to Comply With the Court's Order and Failure to Prosecute This Action 26 - 28 , 31 , signed by Magistrate Judge Jennifer L. Thurston on 9/13/16: 30-Day Objection Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEL AVALOS,

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Plaintiff,
v.
CARPENTER, et al.,
Defendants.

1:15-cv-00369-LJO-JLT (PC)
FINDINGS AND RECOMMENDATION TO
DISMISS WITH PREJUDICE FOR
PLAINTIFF'S FAILURE TO COMPLY
WITH THE COURT'S ORDER AND
FAILURE TO PROSECUTE THIS ACTION
(Docs. 26-28, 31)
30-DAY DEADLINE

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On July 8, 2016, the only remaining the defendant filed three motions to compel the

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plaintiff to respond to his discovery requests. (Docs. 26, 27, 28.) The plaintiff did not respond to

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any of these motions. Local Rule 230(l). Thus, on August 18, 2016, the Court ordered the

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plaintiff to file an opposition or a statement of non-opposition within 21 days. (Doc. 31.) The

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Court warned the plaintiff was warned that his failure to comply with the order would result in

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recommendation that this action be dismissed. (Id.)

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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 Court’s order, the

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Court has no alternative but to recommend dismissal. Accordingly, the Court RECOMMENDS

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that this action be dismissed, with prejudice, for Plaintiff's failure both to obey a court order and

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to prosecute this action. 42 U.S.C. § 1997e (a).
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.” Plaintiff is advised that failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

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839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

September 13, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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