Williams v. Callen 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 03/14/2018. (Show Cause Response : 21-Day Deadline )(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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9 CORRY WILLIAMS,
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Case No. 1:18-cv-00187-JLT (PC)
ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED
FOR PLAINTIFF’S FAILURE TO
COMPLY WITH THE COURT’S ORDER

Plaintiff,
v.

12 CALLEN, et al.,
(Docs. 1, 8)
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Defendants.
21-DAY DEADLINE

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On February 12, 2018, the Court struck the unsigned Complaint and gave Plaintiff 21 days

16 to file a signed pleading. (Doc. 8.) That same order provided the pleading and legal standards
17 which appeared to apply to the claim(s). More than a month has passed and Plaintiff has failed to
18 file an amended complaint or otherwise respond to the Court’s Order.
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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel, or

20 of a party to comply with . . . any order of the Court may be grounds for the imposition by the
21 Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110.
22 “District courts have inherent power to control their dockets,” and in exercising that power, a court
23 may impose sanctions, including dismissal of an action. Thompson v. Housing Authority of Los
24 Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice, based
25 on a party’s failure to prosecute an action or failure to obey a court order, or failure to comply with
26 local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for
27 failure to comply with an order requiring amendment of complaint); Malone v. U.S. Postal
28 Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court order);
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1 Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and
2 to comply with local rules).
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Accordingly, within 21 days, Plaintiff is ORDERED to show cause in writing why the

4 action should not be dismissed for his failure to comply with the Court’s order and to prosecute
5 this action; alternatively, within that same time, Plaintiff may file a signed complaint or a notice of
6 voluntary dismissal.
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IT IS SO ORDERED.
Dated:

March 14, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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