(PC) Saddozai v. Ceballos et al

Filing 20

ORDER to SHOW CAUSE,signed by Magistrate Judge Jennifer L. Thurston on 8/25/2020. Show Cause Response due 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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SHIKEB SADDOZAI,

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Plaintiff,
v.

Case No. 1:20-cv-00358-NONE-JLT (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH THE
COURT’S ORDER

J. CEBALLOS, et al.,
Defendants.

21-DAY DEADLINE

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On May 10, 2020, the Court issued a screening order directing Plaintiff, within 21 days, to

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file a first amended complaint curing the deficiencies in his pleading. (Doc. 10.) On May 27,

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2020, the Court granted Plaintiff an extension of time to comply with its screening order. (Doc.

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13.) On July 9, 2020, the Court granted Plaintiff a second extension of time. (Doc. 19.) Although

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more than the allowed time has passed, Plaintiff has failed to file an amended complaint.

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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 first amended complaint

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curing the deficiencies identified in the Court’s screening order (Doc. 10) or a notice of voluntary

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dismissal of this case. Failure to comply with this order will result in a recommendation that

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this case be dismissed for failure to state a claim and to obey a court order.

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IT IS SO ORDERED.
Dated:

August 25, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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