(DP)(HC) Rangel v. Broomfield ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PEDRO RANGEL, Case No. 1:18-cv-01713-AWI-SAB 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER THAT RESPONDENT’S COUNSEL SHOW CAUSE WHY SANCTIONS 14 RONALD DAVIS, Warden of San Quentin SHOULD NOT BE IMPOSED FOR State Prison, FAILURE TO OBEY THE COURT’S 15 SCHEDULING ORDER Respondent. 16 Deadline to Respond: August 16, 2019 17 18 A review of the record in this action reveals that Respondent Warden Ron Davis, 19 through counsel Deputy Attorneys General Kenneth Sokoler and Michael Dolida, has not 20 complied with the Court’s July 12, 2019 deadline to file a notice of lodging and lodge with the 21 Court the specified state court record. (See Doc. No. 16 at 2.) Counsel was previously advised 22 the Court would view with disfavor any request to extend a deadline absent reasonably 23 unforeseeable and unavoidable circumstances showing good cause. (Id., at 3-4.) 24 The Court has inherent power to sanction parties or their attorneys for improper 25 conduct. Chambers v. Nasco, Inc., 501 U.S. 32, 43-46 (1991); Roadway Express, Inc. v. 26 Piper, 447 U.S. 752, 766 (1980); Fink v. Gomez, 239 F.3d 989, 991 (9th Cir. 2001). District 27 courts have the inherent power to control their dockets and “in the exercise of that power, they 1 Local Rule 110 provides that “failure of counsel or of a party to comply with these 2 | Rules or with any order of the Court may be grounds for imposition by the Court of any and all 3 | sanctions . . . within the inherent power of the Court.” 4 Respondent’s counsel neither has complied with the July 12, 2019 deadline for lodging 5 | the state record, nor contacted the Court regarding the non-compliance. 6 Accordingly, 7 1. Respondent’s counsel shall show cause why sanctions should not be imposed by 8 | filing a written response to this order no later than August 16, 2019, or waive any entitlement 9 | to show cause. Upon review of counsel’s written response or upon a failure to respond, the 10 | Court may order a show cause hearing regarding imposition of sanctions. 11 2. The Clerk of the Court is directed to serve this order upon counsel for 12 | Petitioner, Donald Ritt (ritt@rtthlaw.com) and Verna Wefald (verna@vernawefald.com), and 13 | counsel for Respondent, Kenneth Sokoler (kenneth.sokoler@doj.ca.gov) and Michael Dolida 14 | Gmichael.dolida @ doj.ca.gov). 15 16 IT IS SO ORDERED. OF. nf ae 17 | Dated: _August 13, 2019 __ OO UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28