(PC) Atkins v. Rios ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MCKINLEY PIERCE ATKINS, Case No. 1:20-cv-00193-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR FAILURE TO 13 v. OBEY COURT ORDERS AND FAILURE TO STATE A CLAIM 14 E. ROCHA, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to Assign a District Judge 16 17 On June 7, 2020, the Court issued a screening order directing Plaintiff, within 21 days, to 18 file a first amended complaint curing the deficiencies in his pleading or a notice of voluntary 19 dismissal. (Doc. 9.) The Court cautioned Plaintiff that failure to comply with the screening order 20 would result in a recommendation “that this action be dismissed for failure to state a claim and to 21 obey a court order.” (Id. at 8.) Although the Court has granted Plaintiff four extensions of time 22 spanning nearly 250 days (see Docs. 11, 14, 16, 18), Plaintiff has failed to file an amended 23 complaint or a notice of voluntary dismissal within the time provided. 24 The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide, 25 “[f]ailure of counsel or of a party to comply with … any order of the Court may be grounds for 26 the imposition by the Court of any and all sanctions … within the inherent power of the Court.” 27 Local Rule 110. “District courts have inherent power to control their dockets” and, in exercising 28 that power, may impose sanctions, including dismissal of an action. Thompson v. Housing Auth., 1 City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a 2 party’s failure to prosecute an action, obey a court order, or comply with local rules. See, e.g., 3 Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a 4 court order to amend a complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 5 1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 6 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules). 7 Accordingly, the Court RECOMMENDS that this action be DISMISSED for Plaintiff’s 8 failure to obey court orders and failure to state a claim on which relief can be granted. The Court 9 DIRECTS the Clerk of the Court to assign a district judge to this action. 10 These Findings and Recommendations will be submitted to the United States District 11 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 12 service of these Findings and Recommendations, Plaintiff may file written objections with the 13 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 14 Recommendations.” Plaintiff’s failure to file objections within the specified time may result in 15 waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 16 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 17 IT IS SO ORDERED. 18 19 Dated: March 17, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28