Gonzales v. City of Clovis, et al.

Filing 5

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO FILE APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE (ECF NO. 3 ); FOURTEEN (14) DAY DEADLINE, signed by Magistrate Judge Michael J. Seng on 4/18/2017. (Lafata, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAIN A. GONZALES,

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Plaintiff,
v.
CITY OF CLOVIS, et al.,
Defendants.

CASE NO. 1:17-cv-00282-LJO-MJS (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO FILE APPLICATION TO
PROCEED IN FORMA PAUPERIS OR
PAY FILING FEE, FAILURE TO OBEY A
COURT ORDER, AND FAILURE TO
PROSECUTE
(ECF NO. 3)
FOURTEEN (14) DAY DEADLINE

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This action was initiated on February 27, 2017 with the filing of what appears to

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be a civil rights complaint brought pursuant to 42 U.S.C. § 1983. (ECF No. 1.) That same

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date, an application to proceed in forma pauperis was filed. (ECF No. 2.) On March 9,

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2017, the application to proceed in forma pauperis was denied without prejudice on the

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ground it was completed and signed by a non-party and did not contain information

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regarding Plaintiff’s financial resources. (ECF No. 3.) Also on March 9, 2017, Plaintiff’s

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complaint was stricken because it was not signed. (ECF No. 4.) Plaintiff was ordered to

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pay the filing fee for this action or submit an application to proceed in forma pauperis

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within thirty days. He also was ordered to file a signed complaint within thirty days. He

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failed to do either.

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A civil action may not proceed absent the submission of either the filing fee or a

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completed application to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Based on

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Plaintiff’s failure to comply with the Court’s order, dismissal of this action is appropriate.

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See In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226

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(9th Cir. 2006); Local Rule 110.

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Additionally, Plaintiff has failed to comply with a Court order requiring him to file a

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signed complaint. Local Rule 110 provides that “failure of counsel or of a party to comply

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

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

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

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may 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.

Within fourteen (14) days of service of this order, Plaintiff shall:

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a. File an amended complaint or notice of voluntary dismissal, and

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b. File an application to proceed in forma pauperis or pay the $400

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filing fee in full;
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Additionally, Plaintiff shall show cause why this action should not be

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dismissed with prejudice for failure to prosecute and failure to comply with

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the Court’s orders (ECF Nos. 3 and 4).

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3.

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If Plaintiff fails to comply with this order, the undersigned will recommend
that the action be dismissed.

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IT IS SO ORDERED.
Dated:

April 18, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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