Wade v. California Department of Corrections and Rehabilitation et al

Filing 12

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 Sheila K. Oberto on 8/8/17. Show Cause Response Due Within Twenty-One Days. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CHANCELLOR WADE, 10 11 12 13 Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECITONS AND REHABILITATION, et al., Case No. 1:16-cv-01840-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 (Docs. 1, 11) TWENTY-ONE (21) DAY DEADLINE 14 Defendants. 15 16 Plaintiff, Chancellor Wade, is a state prisoner proceeding pro se and in forma pauperis in 17 this civil rights action pursuant to 42 U.S.C. ' 1983. On June 29, 2017, the Court issued an order 18 finding that Plaintiff failed to state any cognizable claims, dismissing the Complaint, and granting 19 leave for Plaintiff to file a first amended complaint within twenty-one (21) days. (Doc. 11.) 20 More than twenty-one (21) days have passed and Plaintiff has failed to file an amended complaint 21 or otherwise respond to the Court’s screening order. 22 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or 23 of a party to comply with . . . any order of the Court may be grounds for the imposition by the 24 Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. 25 “District courts have inherent power to control their dockets,” and in exercising that power, a 26 court may impose sanctions, including dismissal of an action. Thompson v. Housing Authority of 27 Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice, 28 based on a party’s failure to prosecute an action or failure to obey a court order, or failure to 1 1 comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) 2 (dismissal for failure to comply with an order requiring amendment of complaint); Malone v. U.S. 3 Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court 4 order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to 5 prosecute and to comply with local rules). Accordingly, Plaintiff is ORDERED to show cause within twenty-one (21) days of the 6 7 date of service of this order why the action should not be dismissed for his failure to state a claim 8 and to comply with the Court’s order. Alternatively, within this same time period, Plaintiff may 9 file a first amended complaint or a notice of voluntary dismissal. 10 11 12 IT IS SO ORDERED. Dated: August 8, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sheila K. Oberto 2 .

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?