Sims v. Veal et al

Filing 118

ORDER signed by Magistrate Judge Edmund F. Brennan on 02/28/12 ordering that within 21 days of the date of this order, plaintiff shall submit a confidential settlement statement as ordered on 01/31/12 and show cause as to why this action should not be dismissed pursuant to FRCP 41(b) for his failure to prosecute and to comply with the court's 01/31/12 order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STANLEY SIMS,
Plaintiff,

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No. CIV S-07-0898 KJM EFB P

Defendants.

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ORDER

vs.
VEAL, et al.,

/

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Plaintiff is a former state prisoner without counsel in this action filed pursuant to 42

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U.S.C. § 1983. In his pretrial statement, plaintiff indicated that a settlement conference would be

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helpful in resolving this matter. Dckt. No. 114 at 23. On January 31, 2012, the court ordered the

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parties to submit confidential settlement statements within 21 days. Dckt. No. 117. Plaintiff has

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not submitted a confidential settlement statement or otherwise responded to the court’s order.

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A party’s failure to comply with a court order “may be grounds for imposition by the

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Court of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.” E.D. Cal. Local Rule 110. The court may recommend that an action be dismissed with

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or without prejudice, as appropriate, if a party disobeys an order. See Ferdik v. Bonzelet, 963

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F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in dismissing pro se

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plaintiff’s complaint for failing to obey an order to re-file an amended complaint to comply with
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Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)

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(dismissal for pro se plaintiff’s failure to comply with local rule regarding notice of change of

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address affirmed); see also Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest

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Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that courts may dismiss an action pursuant

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to Federal Rule of Civil Procedure 41(b) sua sponte for a plaintiff’s failure to prosecute or

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comply with the rules of civil procedure or the court’s orders).

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Accordingly, it is hereby ORDERED that:

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1. Within 21 days of the date of this order, plaintiff shall submit a confidential settlement

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statement as ordered on January 31, 2012, and show cause as to why this action should not be

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dismissed pursuant to Federal Rule of Civil Procedure 41(b) for his failure to prosecute and to

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comply with the court’s January 31, 2012 order.

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2. Failure to comply with this order will result in a recommendation that this action be

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dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: February 28, 2012.

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