Turner v. Brown

Filing 23

ORDER signed by Magistrate Judge Allison Claire on 7/24/2017 GRANTING Plaintiff a final 30 days from the date of this order's entry to comply with the 6/12/2017 order and file an amended complaint or asserted good cause for a further extension of time. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSIE DEE TURNER,

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No. 2:17-cv-00087 AC P

Plaintiff,
v.

ORDER

JERRY BROWN, 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. On June 12, 2017, the court found that plaintiff had failed to state a cognizable

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federal claim and dismissed his complaint with leave to amend. ECF No. 20. Plaintiff was

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offered an opportunity to amend his complaint and directed to do so within thirty days. Id. The

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thirty-day deadline has now elapsed and plaintiff has not filed an amended complaint or sought an

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extension of time.

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The Local Rules provide that “[f]ailure of counsel or of a party to comply with . . . any

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order of the Court may be grounds for the imposition by the Court of any and all sanctions . . .

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within the inherent power of the Court.” Local Rule 110. The Ninth Circuit has held that

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“[d]istrict courts have inherent power to control their dockets” and that in “the exercise of that

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power they may impose sanctions including, where appropriate, default or dismissal.” Thompson

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v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). This action cannot
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proceed without an amended complaint and, accordingly, the court concludes that dismissal

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without prejudice is the most appropriate sanction in this case.

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Rather than ordering immediate dismissal, however, the court will afford plaintiff a final

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thirty days from the date of this order’s entry to comply with the June 12, 2017 order. At the end

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of that time, if plaintiff has not filed an amended complaint or asserted good cause for a further

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extension of time, the court will order the dismissal of this action.

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IT IS SO ORDERED.
DATED: July 24, 2017

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