Gibbs v. Bradford et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/07/17 ORDERING that this action is dismissed. CASE CLOSED. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH B. GIBBS,
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Plaintiff,
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No. 2:16-cv-0544-EFB P
v.
ORDER
J. R. BRADFORD, et al.,
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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).
On October 3, 2017, the court screened plaintiff’s complaint pursuant to 28 U.S.C. §
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1915A. The court dismissed plaintiff’s complaint, explained the deficiencies therein and granted
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plaintiff thirty days in which file an amended complaint to cure the deficiencies. ECF No. 7.
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The order warned plaintiff that failure to comply would result in dismissal of this action for
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failure to prosecute. The time for acting has passed and plaintiff has not filed an amended
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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. Fed. R. Civ. P.
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41(b); E. D. Cal. Local Rule 110.
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Dated: November 7, 2017.
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