(PC) Saddozai v. Ceballos et al

Filing 27

FINDINGS and RECOMMENDATIONS recommending that this action be DISMISSED for Plaintiff's failure to obey Court orders and failure to state a claim on which relief can be granted re 1 Prisoner Civil Rights Complaint ; referred to Judge Unassigned DJ, signed by Magistrate Judge Jennifer L. Thurston on 12/31/2020. (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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SHIKEB SADDOZAI,

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Plaintiff,
v.

Case No. 1:20-cv-00358-NONE-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION FOR FAILURE TO
OBEY COURT ORDERS AND FAILURE
TO STATE A CLAIM

J. CEBALLOS, et al.,
Defendants.

14-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 or a notice of voluntary

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dismissal. (Doc. 10.) The Court cautioned Plaintiff that failure to comply with the screening order

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would result in a recommendation “that this action be dismissed for failure to state a claim and to

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obey a court order.” (Id. at 8.) Although the Court has granted Plaintiff four extensions of time

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spanning nearly 200 days (see Docs. 13, 19, 22, 24), Plaintiff has failed to file an amended

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complaint or notice of voluntary dismissal within the time provided.

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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, the Court RECOMMENDS that this action be DISMISSED for Plaintiff’s

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failure to obey court orders and failure to state a claim on which relief can be granted. These

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Findings and Recommendations will be submitted to the United States District Judge assigned to

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this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of the date of

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service of these Findings and Recommendations, Plaintiff may file written objections with the

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Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and

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Recommendations.” Plaintiff’s failure to file objections within the specified time may result in

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waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing

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

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IT IS SO ORDERED.
Dated:

December 31, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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