(PC) Washington v. Fresno County Sheriff, et al.

Filing 33

FINDINGS and RECOMMENDATIONS recommending that this action be DISMISSED for failure to obey Court Orders ; referred to Judge Ishii, signed by Magistrate Judge Jennifer L. Thurston on 1/7/2021. (Objections to F&R due within 14-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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PERRY WASHINGTON,

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Plaintiff,
v.
FRESNO COUNTY SHERIFF, et al.,

Case No. 1:19-cv-00478-AWI-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION FOR FAILURE TO
OBEY COURT ORDERS
14-DAY DEADLINE

Defendants.

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On June 28, 2020, the Court directed Plaintiff to complete and return “service documents”

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provided by the Court. (Doc. 25.) Despite receiving three extensions of time spanning 140 days

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(Docs. 28, 30, 32), Plaintiff has failed to comply with the order. In its order granting the third

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extension of time, the Court cautioned Plaintiff that “[f]ailure to comply … will result in a

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recommendation that this action be dismissed for failure to prosecute.” (Doc. 32 at 2.)

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Nevertheless, Plaintiff has failed to submit the service documents as ordered by the Court, and the

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time to do so has passed.

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The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide,

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“[f]ailure of counsel or of a party to comply with … any order of the Court may be grounds for

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the imposition by the Court of any and all sanctions … within the inherent power of the Court.”

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Local Rule 110. “District courts have inherent power to control their dockets” and, in exercising

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that power, may impose sanctions, including dismissal of an action. Thompson v. Housing Auth.,

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City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a

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party’s failure to prosecute an action, obey a court order, or comply with local rules. See, e.g.,

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Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a

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court order to amend a complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir.

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1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421,

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1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).

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It appears that Plaintiff has abandoned this action. Whether he has done so intentionally or

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mistakenly is inconsequential. It is Plaintiff’s responsibility to comply with the Court’s orders.

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The Court declines to expend its limited resources on a case that Plaintiff has chosen to ignore.

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Accordingly, the Court RECOMMENDS that this action be DISMISSED for failure to

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obey court orders. These Findings and Recommendations will be submitted to the United States

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District Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within

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14 days of the date of service of these Findings and Recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned, “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff’s failure to file objections within the specified time

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may result in waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

January 7, 2021

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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