Hernandez v. Pedreio, et al.
ORDER to SHOW CAUSE Why the Action should not be Dismissed for Plaintiff's Failure to Comply with the Court's Order; Show Cause Response due within Thirty (30) Days signed by Magistrate Judge Sheila K. Oberto on 4/20/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-00027-DAD-SKO (PC)
ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED
FOR PLAINTIFF'S FAILURE TO
COMPLY WITH THE COURT'S ORDER
PEDREIO, et al.,
(Docs. 1, 10, 12)
THIRTY (30) DAY DEADLINE
Plaintiff, Angel Hernandez, is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. ' 1983. On January 27, 2017, the Court issued an
order finding that Plaintiff failed to state any cognizable claims, dismissing the Complaint, and
granting leave for Plaintiff to file a first amended complaint within twenty-one (21) days. (Doc.
10.) On February 13, 2017, an order issued granting Plaintiff’s motion for a sixty (60) day
extension of time to file a first amended complaint. (Docs. 11, 12.) More than sixty (60) days
have passed and Plaintiff has failed to file an amended complaint or otherwise respond to the
Court’s screening order.
The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or
of a party to comply with . . . any order of the Court may be grounds for the imposition by the
Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110.
“District courts have inherent power to control their dockets,” and in exercising that power, a
court may impose sanctions, including dismissal of an action. Thompson v. Housing Authority of
Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice,
based on a party’s failure to prosecute an action or failure to obey a court order, or failure to
comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)
(dismissal for failure to comply with an order requiring amendment of complaint); 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 failure to
prosecute and to comply with local rules).
Accordingly, Plaintiff is ORDERED to show cause within thirty (30) days of the date of
service of this order why the action should not be dismissed for both his failure to state a claim
and to comply with the Court’s order; alternatively, within that same time, Plaintiff may file a
first amended complaint or a notice of voluntary dismissal.
IT IS SO ORDERED.
April 20, 2017
UNITED STATES MAGISTRATE JUDGE
Sheila K. Oberto
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