Gonzalez v. Cate et al

Filing 86

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/16 ordering that if plaintiff wishes to proceed with this action, he shall, within 14 days of the date of this order, file an amended complaint in accordance with the court's 9/07/16 order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE GONZALEZ, JR.,

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Plaintiff,

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No. 2:11-cv-3196-GEB-EFB P

v.

ORDER

CATE, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On September 7, 2016, the court dismissed plaintiff’s third amended complaint

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and granted plaintiff thirty days to file an amended complaint. ECF No. 85. The time for acting

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has passed, and plaintiff has not filed an amended complaint or otherwise responded to the court’s

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order.

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A party’s failure to comply with any order or with the Local Rules “may be grounds for

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

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inherent power of the Court.” E.D. Cal. Local Rule 110. The court may recommend that an

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action be dismissed with or without prejudice, as appropriate, if a party disobeys an order or the

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Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not

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abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an

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amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d
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1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that if plaintiff wishes to proceed with this action, he

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shall, within 14 days of the date of this order, file an amended complaint in accordance with the

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court’s September 7, 2016 order. Failure to do so may result in a recommendation that this action

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be dismissed.

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DATED: October 17, 2016.

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