(PS) Whitford v. Lassen County

Filing 4

ORDER signed by Magistrate Judge Chi Soo Kim on 3/10/2025 ORDERING plaintiffs have 14 days to respond to this order to show cause and pay the filing fee or each complete and sign an application to proceed IFP, refile a signed Complaint bearing signatures of each Plaintiff, and for Plaintiff Costa to provide her current address. (Deputy Clerk KEZ)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BRETT WHITFORD, et al.,

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Plaintiffs,

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Case No. 2:24-cv-01650-TLN-CSK
ORDER

v.

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LASSEN COUNTY, CALIFORNIA,

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(ECF No. 3)

Defendant.

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Plaintiffs William Brett Whitford and Jacqueline Marie Costa are proceeding in this

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action pro se. 1 On December 23, 2024, the Court issued an order denying Plaintiffs’

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request to proceed in forma pauperis (“IFP”) and directing Plaintiffs to pay the filing fee

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or each complete and sign an application to proceed IFP, refile a signed Complaint

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bearing signatures of each Plaintiff, and for Plaintiff Costa to provide her current address

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within thirty (30) days of the date of the order. (ECF No. 3.) Plaintiffs were warned that

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failure to timely pay the filing fee or submit complete IFP applications for each Plaintiff

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would result in a recommendation that this action be dismissed. (Id. at 2.) The applicable

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deadline has now passed, and Plaintiffs have failed to pay the filing fee or submit IFP

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applications for each Plaintiff. In addition, to date, Plaintiffs have not filed a Complaint

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This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R.
Civ. P. 72, and Local Rule 302(c)(21).
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signed by both Plaintiffs, and Plaintiff Costa has not updated her address with the Court.

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A district court may impose sanctions, including involuntary dismissal of a

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plaintiff’s case pursuant to Federal Rule of Civil Procedure 41(b), where that plaintiff fails

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to prosecute his or her case or fails to comply with the court’s orders, the Federal Rules

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of Civil Procedure, or the court’s local rules. See Chambers v. NASCO, Inc., 501 U.S.

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32, 44 (1991) (recognizing that a court “may act sua sponte to dismiss a suit for failure to

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prosecute”); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir.

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2005) (approving sua sponte dismissals under Rule 41(b)); Ghazali v. Moran, 46 F.3d

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52, 53 (9th Cir. 1995) (per curiam) (“Failure to follow a district court’s local rules is a

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proper ground for dismissal.”); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992),

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as amended (May 22, 1992) (“Pursuant to Federal Rule of Civil Procedure 41(b), the

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district court may dismiss an action for failure to comply with any order of the court.”);

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Thompson v. Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986) (per curiam)

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(stating that district courts have inherent power to control their dockets and may impose

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sanctions including dismissal or default). This Court’s Local Rules are in accord. See

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E.D. Cal. Local Rule 110 (“Failure of counsel or of a party to comply with these Rules or

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

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sanctions authorized by statute or Rule or within the inherent power of the Court.”); E.D.

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Cal. Local Rule 183(a) (providing that a pro se party’s failure to comply with the Federal

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Rules of Civil Procedure, the court’s Local Rules, and other applicable law may support,

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among other things, dismissal of that party’s action).

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The Court has considered whether this action should be dismissed at this juncture

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due to Plaintiffs’ failure to comply with the Court’s order. Nevertheless, in light of

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Plaintiffs’ pro se status, the Court first attempts lesser sanctions by issuing this order to

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show cause. Plaintiffs have fourteen (14) days to respond to this order to show cause

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and pay the filing fee or each complete and sign an application to proceed IFP, refile a

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signed Complaint bearing signatures of each Plaintiff, and for Plaintiff Costa to provide

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her current address. Plaintiffs are warned that the failure to comply with this Court’s
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order within fourteen (14) days will result in a recommendation to dismiss this action for

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failure to prosecute.

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Dated: March 10, 2025

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4, whit1650.24

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