McMahon v. Whitney et al
Filing
78
ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 1/28/25 DIRECTING Plaintiff to show cause with in 14 days why this action should not be dismissed for failure to prosecute, failure to comply with court orders, and failure to state a claim. (Deputy Clerk VLC)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
RYAN MCMAHON,
12
13
14
15
Case No. 2:23-cv-1972-KJM-JDP (PS)
Plaintiff,
v.
ORDER TO SHOW CAUSE
JOHN WHITNEY, et al.,
Defendants.
16
17
On December 6, 2024, the court approved the parties’ stipulation to permit plaintiff to file
18
an amended complaint and ordered plaintiff to file a first amended complaint within thirty days.
19
ECF No. 74. To date, plaintiff has not filed an amended complaint.
20
The court has the inherent power to control its docket and may, in the exercise of that
21
power, impose sanctions where appropriate, including dismissal. Bautista v. Los Angeles Cnty.,
22
216 F.3d 837, 841 (9th Cir. 2000); see Local Rule 110 (“Failure of counsel or of a party to
23
comply with these Rules or with any order of the Court may be grounds for imposition by the
24
Court of any and all sanctions . . . within the inherent power of the Court.”). A court may dismiss
25
an action based on a party’s failure to prosecute an action, failure to obey a court order, or failure
26
to comply with local rules. See Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)
27
(dismissal for lack of prosecution and failure to comply with local rules).
28
1
1
I will give plaintiff a chance to explain why the court should not dismiss the case for his
2
failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute
3
another failure to comply with a court order and will result in a recommendation that this action
4
be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why this case
5
should not be dismissed for failure to prosecute, failure to comply with court orders, and failure to
6
state a claim. Should plaintiff wish to continue with this lawsuit, he shall file, within fourteen
7
days, an amended complaint.
8
9
IT IS SO ORDERED.
10
Dated:
11
12
January 28, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?