(PC) Watts v. Yamaguina et al
Filing
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ORDER signed by Magistrate Judge Chi Soo Kim on 06/03/2024 VACATING 10 Findings and Recommendations; and Plaintiff is GRANTED 14 days from the date of this order to notify the court of his current address. (Nair, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VERNELL WATTS,
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No. 2:23-cv-1243 TLN CSK P
Plaintiff,
v.
ORDER
A. YAMAGIWA, et al.,
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Defendants.
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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief
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pursuant to 42 U.S.C. § 1983. On April 29, 2024, the Court recommended that this action be
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dismissed based on plaintiff’s failure to comply with a court order, and failure to keep the Court
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apprised of plaintiff’s current address. However, the Court did not address the factors required
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before recommending dismissal for failure to prosecute or to comply with a Court order.
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Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). Therefore, the April 29, 2024 findings
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and recommendations are vacated. (ECF No. 10.) As discussed below, plaintiff is granted
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fourteen days to file a change of address and is cautioned that failure to do so will result in the
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dismissal of this action.
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Standards
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Local Rule 110 provides that “[f]ailure . . . of a party to comply with these Rules or with
any order of the Court may be grounds for imposition by the Court of any and all sanctions . . .
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within the inherent power of the Court.” Id. District courts have the inherent power to control
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their dockets and “[i]n the exercise of that power they may impose sanctions including, where
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appropriate, . . . dismissal.” Thompson v. Hous. Auth., 782 F.2d 829, 831 (9th Cir. 1986). A
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court may dismiss an action, with prejudice, based on a party’s failure to prosecute an action,
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failure to obey a court order, or failure to comply with local rules. See, e.g., Ghazali v. Moran, 46
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F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); Ferdik v. Bonzelet,
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963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a court order
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requiring amendment of complaint); Malone v. U.S. Postal Serv., 833 F.2d 128, 130-33 (9th Cir.
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1987) (dismissal for failure to comply with court order).
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Further, Rule 41(b) of the Federal Rules of Civil Procedure provides:
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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or
to comply with these rules or a court order, a defendant may move to
dismiss the action or any claim against it. Unless the dismissal order
states otherwise, a dismissal under this subdivision (b) and any
dismissal not under this rule--except one for lack of jurisdiction,
improper venue, or failure to join a party under Rule 19--operates as
an adjudication on the merits.
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Id.
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Discussion
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On February 8, 2024, the Court screened plaintiff’s complaint and granted plaintiff thirty
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days in which to notify the Court how he wishes to proceed. Thirty days passed, and plaintiff did
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not file the Notice of Election form or otherwise respond to the Court’s order. Plaintiff’s copy of
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the February 8, 2024 order was returned as undeliverable. On April 2, 2024, the Chief Judge
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ordered that this action be reassigned to the undersigned. (ECF No. 9.) Plaintiff’s copy of the
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order was served on plaintiff’s address of record but on April 12, 2024, plaintiff’s copy of the
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order was also returned by the postal service marked “undeliverable, paroled.”
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Despite such returns, plaintiff was properly served. It is the plaintiff’s responsibility to
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keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service
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of documents at the record address of the party is fully effective. Therefore, plaintiff is granted
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fourteen days to notify the court of his current address. Plaintiff is cautioned that failure to
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comply with this order will result in the dismissal of this action.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The April 29, 2024 findings and recommendations (ECF No. 10) are vacated; and
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2. Plaintiff is granted fourteen days from the date of this order to notify the court of his
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current address.
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Dated: June 3, 2024
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