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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSIE DEE TURNER, 12 13 14 No. 2:17-cv-00087 AC P Plaintiff, v. ORDER JERRY BROWN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On June 12, 2017, the court found that plaintiff had failed to state a cognizable 19 federal claim and dismissed his complaint with leave to amend. ECF No. 20. Plaintiff was 20 offered an opportunity to amend his complaint and directed to do so within thirty days. Id. The 21 thirty-day deadline has now elapsed and plaintiff has not filed an amended complaint or sought an 22 extension of time. 23 The Local Rules provide that “[f]ailure of counsel or of a party to comply with . . . any 24 order of the Court may be grounds for the imposition by the Court of any and all sanctions . . . 25 within the inherent power of the Court.” Local Rule 110. The Ninth Circuit has held that 26 “[d]istrict courts have inherent power to control their dockets” and that in “the exercise of that 27 power they may impose sanctions including, where appropriate, default or dismissal.” Thompson 28 v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). This action cannot 1 1 proceed without an amended complaint and, accordingly, the court concludes that dismissal 2 without prejudice is the most appropriate sanction in this case. 3 Rather than ordering immediate dismissal, however, the court will afford plaintiff a final 4 thirty days from the date of this order’s entry to comply with the June 12, 2017 order. At the end 5 of that time, if plaintiff has not filed an amended complaint or asserted good cause for a further 6 extension of time, the court will order the dismissal of this action. 7 8 IT IS SO ORDERED. DATED: July 24, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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