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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JOSE GONZALEZ, JR.,
12
Plaintiff,
13
14
No. 2:11-cv-3196-GEB-EFB P
v.
ORDER
CATE, et al.,
15
Defendants.
16
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42
17
18
U.S.C. § 1983. On September 7, 2016, the court dismissed plaintiff’s third amended complaint
19
and granted plaintiff thirty days to file an amended complaint. ECF No. 85. The time for acting
20
has passed, and plaintiff has not filed an amended complaint or otherwise responded to the court’s
21
order.
22
A party’s failure to comply with any order or with the Local Rules “may be grounds for
23
imposition by the Court of any and all sanctions authorized by statute or Rule or within the
24
inherent power of the Court.” E.D. Cal. Local Rule 110. The court may recommend that an
25
action be dismissed with or without prejudice, as appropriate, if a party disobeys an order or the
26
Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not
27
abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an
28
amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d
1
1
1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule
2
regarding notice of change of address affirmed).
3
Accordingly, it is hereby ORDERED that if plaintiff wishes to proceed with this action, he
4
shall, within 14 days of the date of this order, file an amended complaint in accordance with the
5
court’s September 7, 2016 order. Failure to do so may result in a recommendation that this action
6
be dismissed.
7
DATED: October 17, 2016.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?