(PC) Gaon v. Lau et al
Filing
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ORDER to SHOW CAUSE why action should not be dismissed for failure to comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 10/14/2020. (Show Cause Response/Notice of Voluntary Dismissal or Second Amended Complaint due within 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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AMOS GAON,
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Case No. 1:20-cv-00182-JLT (PC)
Plaintiff,
v.
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH THE
COURT’S ORDER
T. LAU, et al.,
Defendants.
21-DAY DEADLINE
On August 27, 2020, the Court issued a screening order directing Plaintiff, within 21 days,
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to file a second amended complaint curing the deficiencies in his pleading. (Doc. 10.) Although
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more than the allowed time has passed, Plaintiff has failed to file an amended complaint or
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otherwise respond to the Court’s order.
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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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Accordingly, Plaintiff is ORDERED to show cause in writing, within 21 days of the date
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of service of this order, why this action should not be dismissed for his failure to comply with the
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Court’s order. Alternatively, within that same time, Plaintiff may file a second amended
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complaint curing the deficiencies identified in the Court’s screening order (Doc. 10) or a notice of
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voluntary dismissal of this case. Failure to comply with this order will result in a
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recommendation that this case be dismissed for failure to state a claim and to obey a court
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order.
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IT IS SO ORDERED.
Dated:
October 14, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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