(PC) Perry v. United States Penitentiary Atwater
ORDER DIRECTING Clerk of the Court to Assign a District Judge; FINDINGS and RECOMMENDATIONS to Dismiss Action re 15 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Sheila K. Oberto on 6/2/2021. Referred to Unassigned DJ; Objections to F&R due within 14 days. (Rivera, O)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES PENITENTIARY,
Case No. 1:20-cv-00279-SKO (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION
Clerk of the Court to Assign a District Judge
On March 8, 2021, the Court screened Plaintiff’s first amended complaint and found that
it fails to state a claim on which relief can be granted. (Doc. 18.) The Court granted Plaintiff leave
to amend his pleading within 21 days. (Id. at 8.) Plaintiff failed to file an amended complaint or
otherwise respond to the Court’s screening order. Therefore, on April 22, 2021, the Court ordered
Plaintiff to show cause, within 21 days, why this action should not be dismissed for failure to
comply with a court order. (Doc. 19.) Although more than the allowed time has passed, Plaintiff
has not responded to the order to show cause.
The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide that
“[f]ailure of counsel or of a party to comply with . . . any order of the Court may be grounds for
the imposition by the Court of any and all sanctions . . . within the inherent power of the Court.”
Local Rule 110. “District courts have inherent power to control their dockets” and, in exercising
that power, may impose sanctions, including dismissal of an action. Thompson v. Housing Auth.,
City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a
party’s failure to prosecute an action, obey a court order, or comply with local rules. See, e.g.,
Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a
court order to amend a complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir.
1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421,
1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).
It appears that Plaintiff has abandoned this action. Whether he has done so mistakenly or
intentionally is inconsequential. It is Plaintiff’s responsibility to comply with the Court’s orders.
The Court declines to expend its limited resources on a case that Plaintiff has chosen to ignore.
Based on the foregoing, the Court RECOMMENDS that this action be DISMISSED for
failure to obey court orders and for failure to state a claim on which relief can be granted. The
Court DIRECTS the Clerk of the Court to assign a district judge to this action.
These Findings and Recommendations will be submitted to the United States District
Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of
service of these Findings and Recommendations, Plaintiff may file written objections with the
Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and
Recommendations.” Plaintiff’s failure to file objections within the specified time may result in
waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing
Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
June 2, 2021
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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