Woodson v. Kern County Child Support Services

Filing 11

ORDER to PLAINTIFF to SHOW CAUSE Why the Action Should Not Be Dismissed for His Failure to Comply with the Court's Order and His Failure to Prosecute, signed by Magistrate Judge Jennifer L. Thurston on 10/23/2018. Show Cause Response due within 14 days. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON WOODSON, Plaintiff, 12 13 14 v. KERN COUNTY CHILD SUPPORT SERVICES, 15 Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-0726 - LJO-JLT ORDER TO PLAINTIFF TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR HIS FAILURE TO COMPLY WITH THE COURT’S ORDER AND HIS FAILURE TO PROSECUTE 16 17 On October 3, 2018, the Court noted that Plaintiff had not filed an amended complaint after the 18 Ninth Circuit Court of Appeals dismissed his appeal. Therefore, the Court ordered Plaintiff to “file an 19 amended complaint no later than October 22, 2018.” (Doc. 10 at 2, emphasis in original) To date, 20 Plaintiff has not filed an amended complaint. 21 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 22 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 23 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 24 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 25 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 26 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute 27 an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. 28 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order); 1 1 Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with 2 a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to 3 prosecute and to comply with local rules). 4 Accordingly, Plaintiff is ORDERED to show cause within fourteen why the sanctions should 5 not be imposed for his failure to follow the Court’s order and his failure to prosecute the action. 6 Alternatively, he may file his amended complaint. 7 8 9 10 IT IS SO ORDERED. Dated: October 23, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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