Solomon v. Castaneda et al

Filing 26

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO OBEY A COURT ORDER AND FAILURE TO PROSECUTE 16 , 25 signed by Magistrate Judge Michael J. Seng on 4/20/2017. Show Cause Response due within 14-Days. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VINCENT SOLOMON,

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Plaintiff,
v.
I. CASTANEDA, et al.,
Defendants.

CASE NO. 1:15-cv-01801- MJS (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED WITH
PREJUDICE FOR FAILURE TO OBEY A
COURT ORDER AND FAILURE TO
PROSECUTE
(ECF Nos. 16, 25)
FOURTEEN (14) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.

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On August 8, 2016, the Court dismissed Plaintiff’s first amended complaint in its

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entirety. (ECF No. 16.) Some claims and defendants were dismissed without leave to

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amend for failure to state a cognizable claim. Otther claims were found to be cognizable

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but nonetheless were dismissed with leave to amend to cure noted defects. Plaintiff was

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ordered to file an amended complaint within thirty days.

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Plaintiff proceeded to file four motions for extension of time. (ECF Nos. 17, 19, 21,

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24.) The motions were granted. In the most recent court order, filed February 7, 2017,

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the Court granted Plaintiff an additional sixty days in which to file an amended complaint

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or notify the Court of his willingness to proceed on the claims previously found

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cognizable. (ECF No. 25.) The Court warned Plaintiff that further extensions of time were

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unlikely. (ECF No. 25.) The sixty day deadline passed without Plaintiff either filing an

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amended complaint, stating his willingness to proceed only on cognizable claims, or

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seeking an extension of time.

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Local Rule 110 provides that “failure of counsel or of a party to comply with these

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Rules or with any order of the Court may be grounds for imposition by the Court of any

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and all sanctions . . . within the inherent power of the Court.” District courts have the

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inherent power to control their dockets and “in the exercise of that power, they may

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impose sanctions including, where appropriate, default or dismissal.” Thompson v.

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Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action, with

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prejudice, based on a party’s failure to prosecute, failure to obey a court order, or failure

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to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995)

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(dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-

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61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of a

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complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for failure

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to comply with local rule requiring pro se plaintiffs to keep court apprised of address);

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Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to

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comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)

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(dismissal for lack of prosecution and failure to comply with local rules).

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Based on the foregoing, it is HEREBY ORDERED THAT:

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1.

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Within fourteen (14) days of service of this Order, Plaintiff shall file either:
a. File an amended complaint or notice or notify the Court of his
willingness to proceed only on the cognizable claims, or

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b. Show cause as to why this action should not be dismissed with

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prejudice for failure to prosecute and failure to comply with the
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Court’s order; and

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2.

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If Plaintiff fails to comply with this order, the undersigned will dismiss the
action with prejudice.

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IT IS SO ORDERED.
Dated:

April 20, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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