Cleveland v. United States Department of Agriculture et al

Filing 12

ORDER to SHOW CAUSE Why Action Should Not Be Dismissed for Failure to Comply with the Court's Orders, signed by Magistrate Judge Jennifer L. Thurston on 11/16/2020 Show Cause Response due within 21 days. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY CLEVELAND, Plaintiff, 12 13 14 15 16 17 v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01140-NONE-JLT ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH THE COURT’S ORDERS [21-DAY DEADLINE] On October 9, 2020, the Court dismissed the second amended complaint, and directed the 18 plaintiff to file a third amended complaint or a notice of voluntary dismissal of the action within 30 19 days. (Doc. 11.) More than 30 days have passed, and the plaintiff has not filed a third amended 20 complaint or notice of voluntary dismissal. 21 The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide, “[f]ailure of 22 counsel or of a party to comply with . . . any order of the Court may be grounds for imposition by the 23 Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District 24 courts have inherent power to control their dockets” and, in exercising that power, may impose 25 sanctions, including dismissal of an action. Thompson v. Housing Auth., City of Los Angeles, 782 F.2d 26 829, 831 (9th Cir. 1986). A court may dismiss an action based on a party’s failure to prosecute an 27 action, obey a court order, or comply with local rules. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258, 28 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 1 with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure 2 to prosecute and to comply with local rules). 3 Accordingly, the Court ORDERS the plaintiff to show cause in writing, within 21 days of the 4 date of service of this order, why this action should not be dismissed for failure to comply with the 5 Court’s orders. Alternatively, within that same time, the plaintiff may file a third amended complaint 6 curing the deficiencies identified in the Court’s previous order (Doc. 11) or a notice of voluntary 7 dismissal of this action. 8 9 The failure to comply with this order will result in a recommendation that the Court dismiss the action. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: November 16, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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