Turner v. Brown
Filing
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ORDER signed by Magistrate Judge Allison Claire on 8/31/2017 DISMISSING action without prejudice for failure to prosecute. 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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JESSIE DEE TURNER,
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No. 2:17-cv-00087 AC P
Plaintiff,
v.
ORDER
JERRY BROWN, 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. On June 12, 2017, the court dismissed his complaint on screening and granted
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him leave to amend within thirty days. ECF No. 20. More than thirty days passed and plaintiff
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did not submit an amended complaint or a motion for extension of time.
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On July 25, 2017, the court notified plaintiff of his failure to meet his deadline and
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afforded him a final thirty day extension to submit an amended complaint. ECF No. 23. Plaintiff
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was warned that if he failed to respond within the time provided, the court would recommend that
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this action be dismissed for failure to prosecute. Id. at 2. Plaintiff has not complied with or
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sought an extension of time to comply with that order.
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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 case cannot
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proceed without plaintiff’s compliance.
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Based on the foregoing, the court concludes that dismissal without prejudice is the most
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appropriate sanction in this case. Plaintiff has consented to magistrate judge jurisdiction. ECF
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No. 19. It is THERFORE ORDERED that:
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1.
This action is DISMISSED without prejudice for failure to prosecute; and
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2.
The Clerk of Court is directed to close this case.
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DATED: August 31, 2017
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