Sims v. Veal et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. CIV S-07-0898 KJM EFB P
VEAL, et al.,
Plaintiff is a former state prisoner without counsel in this action filed pursuant to 42
U.S.C. § 1983. In his pretrial statement, plaintiff indicated that a settlement conference would be
helpful in resolving this matter. Dckt. No. 114 at 23. On January 31, 2012, the court ordered the
parties to submit confidential settlement statements within 21 days. Dckt. No. 117. Plaintiff has
not submitted a confidential settlement statement or otherwise responded to the court’s order.
A party’s failure to comply with a court order “may be grounds for imposition by the
Court of any and all sanctions authorized by statute or Rule or within the inherent power of the
Court.” E.D. Cal. Local Rule 110. The court may recommend that an action be dismissed with
or without prejudice, as appropriate, if a party disobeys an order. See Ferdik v. Bonzelet, 963
F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in dismissing pro se
plaintiff’s complaint for failing to obey an order to re-file an amended complaint to comply with
Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)
(dismissal for pro se plaintiff’s failure to comply with local rule regarding notice of change of
address affirmed); see also Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest
Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that courts may dismiss an action pursuant
to Federal Rule of Civil Procedure 41(b) sua sponte for a plaintiff’s failure to prosecute or
comply with the rules of civil procedure or the court’s orders).
Accordingly, it is hereby ORDERED that:
1. Within 21 days of the date of this order, plaintiff shall submit a confidential settlement
statement as ordered on January 31, 2012, and show cause as to why this action should not be
dismissed pursuant to Federal Rule of Civil Procedure 41(b) for his failure to prosecute and to
comply with the court’s January 31, 2012 order.
2. Failure to comply with this order will result in a recommendation that this action be
dismissed pursuant to Federal Rule of Civil Procedure 41(b).
DATED: February 28, 2012.
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