Koresko v. Cook ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN J KORESKO, ) Case No.: 1:21-cv-01432-DAD-JLT ) 12 Plaintiff, ) ORDER TO SHOW CAUSE WHY ACTION ) SHOULD NOT BE DISMISSED FOR FAILURE 13 v. ) TO COMPLY WITH THE COURT’S ORDERS ) 14 TURHAN COOK, an individual, et al., ) [21-DAY DEADLINE] 15 Defendants. ) ) 16 ) 17 On October 21, 2021, the Court dismissed the complaint and directed the plaintiff to file a first 18 amended complaint within thirty days. (Doc. 5.) More than thirty days have passed, and the plaintiff 19 has not filed a first amended complaint. 20 The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide, “[f]ailure of 21 counsel or of a party to comply with . . . any order of the Court may be grounds for imposition by the 22 Court of any and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District 23 courts have inherent power to control their dockets” and, in exercising that power, may impose 24 sanctions, including dismissal of an action. Thompson v. Housing Auth., City of Los Angeles, 782 F.2d 25 829, 831 (9th Cir. 1986). A court may dismiss an action based on a party’s failure to prosecute an 26 action, obey a court order, or comply with local rules. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258, 27 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a court order to amend a complaint); 28 Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987) (dismissal for failure to comply 1 with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure 2 to prosecute and to comply with local rules). 3 Accordingly, the Court ORDERS the plaintiff to show cause in writing, within 21 days of the 4 date of service of this order, why this action should not be dismissed for failure to comply with the 5 Court’s orders. Alternatively, within that same time, the plaintiff may file a first amended complaint. 6 The failure to comply with this order will result in a recommendation that the Court 7 dismiss the action. 8 9 IT IS SO ORDERED. 10 Dated: December 4, 2021 _ /s/ Jennifer L. Thurston 11 CHIEF UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28