Calihan v. King et al
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; Twenty-One (21) Day Deadline signed by Magistrate Judge Sheila K. Oberto on 11/21/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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
Case No. 1:17-cv-00535-LJO-SKO (PC)
KING, et al.,
TWENTY-ONE (21) DAY DEADLINE
Plaintiff, Kenny Calihan, is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. ' 1983. On October 19, 2017, the Court issued an
order finding that Plaintiff failed to state any cognizable claims, dismissing the Complaint, and
granting Plaintiff leave to file a first amended complaint. (Doc. 11.) More than the allowed time
has passed, and Plaintiff has failed to file a first amended complaint or otherwise respond to the
Court’s screening order.1
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
It appears that Plaintiff has been released from custody and may have chosen to abandon this action. (See
11/08/2017 docket entry “Mail Returned as Undeliverable . . . Inmate Paroled 8/18/17.”)
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 Plaintiff’s failure to state a
claim, to comply with the Court’s order, and to state a cognizable claim. Alternatively, within
that same time period, Plaintiff may file a first amended complaint or a notice of voluntary
IT IS SO ORDERED.
November 21, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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