Trujillo v. Sherman et al

Filing 9

ORDER to SHOW CAUSE Why the Action Should Not be Dismissed for Plaintiff's Failure to Comply With the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 6/12/17. Show Cause Response Due Within Twenty One Days. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARNOLDO TRUJILLO, Case No. 1:16-cv-01277-DAD-JLT (PC) 12 ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR PLAINTIFF'S FAILURE TO COMPLY WITH THE COURT'S ORDER 13 Plaintiff, v. 14 SHERMAN, et al., (Docs. 1, 8) 15 Defendants. 21-DAY DEADLINE 16 17 On May 1, 2017, the Court issued an order finding that Plaintiff failed to state any 18 cognizable claims, dismissing the Complaint, and granting leave for Plaintiff to file a first 19 amended complaint within 30 days. (Doc. 8.) More than 30 days have passed and Plaintiff has 20 failed to file an amended complaint or otherwise respond to the Court’s Order. 21 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or 22 of a party to comply with . . . any order of the Court may be grounds for the imposition by the 23 Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. 24 “District courts have inherent power to control their dockets,” and in exercising that power, a court 25 may impose sanctions, including dismissal of an action. Thompson v. Housing Authority of Los 26 Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice, based 27 on a party’s failure to prosecute an action or failure to obey a court order, or failure to comply with 28 local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for 1 failure to comply with an order requiring amendment of complaint); Malone v. U.S. Postal 2 Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court order); 3 Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and 4 to comply with local rules). 5 Accordingly, Plaintiff is ORDERED to show cause within 21 days of the date of service 6 of this order why the action should not be dismissed for both his failure to state a claim and to 7 comply with the Court’s order; alternatively, within that same time, Plaintiff may file a notice of 8 voluntary dismissal. 9 10 11 IT IS SO ORDERED. Dated: June 12, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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