Childs v. State of California et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/13 ORDERING that this action is DISMISSED for failure to state a claim and failure to prosecute. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E. CHILDS,

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No. 2:13-cv-670-EFB P
Plaintiff,

v.

ORDER

STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1) and is before the undersigned pursuant to plaintiff’s consent. See 28 U.S.C.

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§ 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(4).

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On October 8, 2013, the court informed plaintiff of the deficiencies in his original

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complaint and directed plaintiff to file an amended complaint within thirty days. ECF No. 10.

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The court also warned plaintiff that failure to comply with the order would result in this action

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being dismissed for failure to state a claim. Id. The time for acting has passed and plaintiff has

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not filed an amended complaint, or otherwise responded to the court’s 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 dismiss an action with or
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without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in

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

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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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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 this action is DISMISSED for failure to state a

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claim and failure to prosecute. 28 U.S.C. 1915A(b); Fed. R. Civ. P. 41(b); E. D. Cal. Local Rule

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110.

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Dated: November 15, 2013.

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