Contreras v. Kernan
ORDER to SHOW CAUSE Why the Action Should Not be Dismissed for Plaintiff's Failure to Comply With the Court's Order and for Failure to State a Claim signed by Magistrate Judge Sheila K. Oberto on 8/21/2017. Show Cause Response due within twenty-one (21) days. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SCOTT KERNAN, et al.,
Case No. 1:16-cv-01111-SKO (PC)
ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED
FOR PLAINTIFF'S FAILURE TO
COMPLY WITH THE COURT’S ORDER
AND FOR FAILURE TO STATE A CLAIM
(Docs. 8, 10, 12)
TWENTY-ONE (21) DAY DEADLINE
Plaintiff, Ruben Contreras, is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. ' 1983. On July 11, 2017, the Court issued an order
finding that Plaintiff failed to state any cognizable claims, dismissing the First Amended
Complaint, and granting Plaintiff leave to file a second amended complaint. (Doc. 10.) Plaintiff
also requested and received an extension of time to file a Second Amended Complaint. (Docs.
11, 12.) Plaintiff has failed to file a second amended complaint or otherwise respond to the
Court’s screening order within the time provided in the 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 twenty-one (21) days of the
date of service of this order why the action should not be dismissed for his failure to state a claim
and to comply with the Court’s order. Alternatively, within the same 21-day time period,
Plaintiff may file a first amended complaint or a notice of voluntary dismissal.
IT IS SO ORDERED.
August 21, 2017
UNITED STATES MAGISTRATE JUDGE
Sheila K. Oberto
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