Cleveland v. United States Department of Agriculture 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 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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY CLEVELAND,
Plaintiff,
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v.
UNITED STATES DEPARTMENT OF
AGRICULTURE, et al.,
Defendants.
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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
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plaintiff to file a third amended complaint or a notice of voluntary dismissal of the action within 30
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days. (Doc. 11.) More than 30 days have passed, and the plaintiff has not filed a third amended
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complaint or notice of voluntary dismissal.
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The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide, “[f]ailure of
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counsel or of a party to comply with . . . any order of the Court may be grounds for imposition by the
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Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District
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courts have inherent power to control their dockets” and, in exercising that power, may impose
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sanctions, including dismissal of an action. Thompson v. Housing Auth., City of Los Angeles, 782 F.2d
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829, 831 (9th Cir. 1986). A court may dismiss an action based on a party’s failure to prosecute an
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action, obey a court order, or comply with local rules. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258,
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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
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with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure
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to prosecute and to comply with local rules).
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Accordingly, the Court ORDERS the plaintiff to show cause in writing, within 21 days of the
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date of service of this order, why this action should not be dismissed for failure to comply with the
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Court’s orders. Alternatively, within that same time, the plaintiff may file a third amended complaint
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curing the deficiencies identified in the Court’s previous order (Doc. 11) or a notice of voluntary
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dismissal of this action.
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The failure to comply with this order will result in a recommendation that the Court
dismiss the action.
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IT IS SO ORDERED.
Dated:
November 16, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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