Blackshire v. Sacramento County Sheriff

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/12/2017 DISMISSING this action without prejudice. CASE CLOSED. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BLACKSHIRE,

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Plaintiff,

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v.

No. 2:16-cv-2537-EFB P

ORDER

SACRAMENTO COUNTY SHERIFF,

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Defendant.

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Plaintiff is a former county inmate proceeding without counsel in an action brought under

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42 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 August 2, 2017, the court screened plaintiff’s complaint pursuant to 28 U.S.C.

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§ 1915A. The court dismissed the 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. 15.

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The order warned plaintiff that failure to comply would result in this action being dismissed for

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failure to prosecute and failure to state a claim. 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 without prejudice.

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Fed. R. Civ. P. 41(b); 28 U.S.C. § 1915A; E. D. Cal. Local Rule 110.

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Dated: September 12, 2017.

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