Alghaithi v. U. S. Department of Homeland Security ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 Case No. 1:21-cv-00059-AWI-SKO ALI ABDULQAWI ABDO ALGHAITHI, 7 ORDER TO SHOW CAUSE WHY THE Plaintiff, ACTION SHOULD NOT BE DISMISSED 8 FOR PLAINTIFF’S FAILURE TO COMPLY WITH THE COURT’S 9 v. ORDER AND FOR FAILURE TO PROSECUTE 10 U.S. DEPARTMENT OF HOMELAND (Doc. 5) 11 SECURITY and LYNN Q. FELDMAN, Defendants. TWENTY-ONE (21) DAY DEADLINE 12 13 14 15 On January 15, 2021, Ali Abdulqawi Abdo Alghaithi (“Plaintiff”), proceeding pro se, filed 16 a complaint against the United States Department of Homeland Security, the United States 17 Citizenship and Immigration Services (“USCIS”)1, and USCIS Field Office Director Lynn Q. 18 Feldman (collectively, “Defendants”) following the denial of Plaintiff’s Form N-400 naturalization 19 application. (Doc. 1 (“Compl.”) at 1, 2, 5.)2 Plaintiff also filed an application to proceed in forma 20 pauperis, which was granted on January 19, 2021. (Docs. 2 & 4.) 21 On April 19, 2021, the undersigned issued a screening order finding that Plaintiff failed to 22 state a claim upon which relief may be granted and granted Plaintiff twenty-one days leave to file 23 an amended complaint curing the pleading deficiencies identified in the order. (Doc. 5.) Although 24 more than the allowed time has passed, Plaintiff has failed to file an amended complaint or otherwise 25 respond to the Court’s screening order. 26 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or of 27 1 “USCIS” is listed as a defendant in the caption on the first page of Plaintiff’s complaint but not in “The Defendant(s)” 28 section of the complaint form. (See Compl. at 2–3.) 1 a party to comply with . . . any order of the Court may be grounds for the imposition by the Court 2 of any and all sanctions . . . within the inherent power of the Court.” E.D. Cal. L.R. 110. “District 3 courts have inherent power to control their dockets,” and in exercising that power, a court may 4 impose sanctions, including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 5 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action, with prejudice, based on a party’s 6 failure to prosecute an action or failure to obey a court order, or failure to comply with local rules. 7 See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply 8 with an order requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 9 (9th Cir. 1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 10 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules). 11 Accordingly, Plaintiff is ORDERED to show cause, within twenty-one (21) days of the 12 date of service of this order, why a recommendation should not issue for this action to be 13 dismissed for Plaintiff’s failure comply with the Court’s screening order by not filing an 14 amended complaint within the specified period of time and for failure to prosecute his case. 15 Alternatively, within that same time period, Plaintiff may file an amended complaint or a notice of 16 voluntary dismissal. The undersigned further CAUTIONS Plaintiff that, if he fails to take action 17 within twenty-one (21) days of the date of service of this order, the undersigned will recommend to 18 the presiding district court judge that this action be dismissed, in its entirety. 19 The Clerk of Court is DIRECTED to send a copy of this order to Plaintiff at his address 20 listed on the docket for this matter. 21 IT IS SO ORDERED. 22 Sheila K. Oberto 23 Dated: May 24, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28