Santos Valenzuela v. Smith et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal of Action for Failure to State a Cognizable Claim for Relief and Failure to Comply With a Court Order, signed by Magistrate Judge Stanley A. Boone on 11/13/18. Objections to F&R Due Within Fourteen Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SANTOS VALENZUELA,
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Plaintiff,
v.
SMITH, et al.,
Defendants.
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Case No.: 1:17-cv-01440-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A COGNIZABLE
CLAIM FOR RELIEF AND FAILURE COMPLY
WITH A COURT ORDER
[ECF No. 24]
Plaintiff Santos Valenzuela is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
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I.
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BACKGROUND
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On November 2, 2017, the Court found that Plaintiff’s complaint failed to state a cognizable
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claim for relief and granted plaintiff thirty days to file an amended complaint addressing the
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deficiencies identified by the Court. (ECF No. 15.) On November 28, 2017, at Plaintiff’s request, the
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Court granted Plaintiff an additional thirty days to file an amended complaint. (ECF No. 16, 17.)
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After more than thirty days passed, on January 4, 2018, the Court ordered Plaintiff to show cause why
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the action should not be dismissed for failure to comply with a court order. (ECF No. 18.) Plaintiff
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failed to respond to the Court’s order.
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Therefore, on January 31, 2018, the Magistrate Judge issued Findings and Recommendations
recommending that the action be dismissed for failure to comply with a court order. (ECF No. 19.)
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The Findings and Recommendations were served on Plaintiff and contained notice that objections
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were to be filed within fourteen days.
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Recommendations were adopted in full on March 22, 2018, and the action was dismissed. (ECF No.
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Plaintiff did not file objections, and the Findings and
On August 6, 2018, Plaintiff filed a motion for reconsideration. (ECF No. 23.) Plaintiff
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requested the Court to reopen the action because he had been undergoing mental health treatment and
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had been transferred to multiple different facilities and denied access to the court and his legal
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materials. (ECF. No. 21.) As a result, Plaintiff claimed he was unable to respond to the Court’s
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orders. (Id.) On August 8, 2018, the undersigned granted Plaintiff’s request to reopen the action, and
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directed Plaintiff to file an amended complaint within thirty days. (ECF No. 24.)
On August 31, 2018, and October 5, 2018, the Court granted Plaintiff thirty additional days to
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file the amended complaint, resulting in a deadline of November 5, 2018. (ECF Nos. 26, 28.) To date,
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Plaintiff has not file an amended complaint or otherwise responded to the Court’s order. Accordingly,
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dismissal of the action is warranted.
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II.
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DISCUSSION
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The Court has the inherent power to control its docket and may, in the exercise of that power,
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impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles Cnty.,
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216 F.3d 837, 841 (9th Cir. 2000). In determining whether to dismiss an action, the Court must weigh
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“(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its
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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases
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on their merits; and (5) the availability of less drastic sanctions.” In re Phenylpropanolamine (PPA)
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Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006) (internal quotations and citations omitted).
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These factors guide a court in deciding what to do, and are not conditions that must be met in order for
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a court to take action. Id. (citation omitted).
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Based on Plaintiff’s failure to comply with or otherwise respond to the Court’s order, the Court
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is left with no alternative but to dismiss the action for failure to prosecute. Id. This action can proceed
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no further without Plaintiff’s cooperation and compliance with the order at issue, and the action cannot
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simply remain idle on the Court’s docket, unprosecuted. Id.
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III.
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RECOMMENDATION
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Accordingly, it is HEREBY RECOMMENDED that:
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1.
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This action be dismissed for failure to comply with a court order and for failure to state
a cognizable claim for relief; and
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The Clerk of Court be directed to terminate this action.
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This Findings and Recommendation will be submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days
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after being served with this Findings and Recommendation, Plaintiff may file written objections with
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the Court.
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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may
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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)
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(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
The document should be captioned “Objections to Magistrate Judge’s Findings and
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IT IS SO ORDERED.
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Dated:
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November 13, 2018
UNITED STATES MAGISTRATE JUDGE
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