(HC) Estell v. Trate ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES B. ESTELL, Case No. 1:22-cv-01022-CDB (HC) 12 Petitioner, AMENDED ORDER REQURING RESPONDENT TO SHOW CAUSE WHY 13 v. SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE CONSENT OR 14 WARDEN, USP-ATWATER, REASSIGNMENT FORM 15 Respondent. ECF No. 6, 11 16 THREE-DAY DEADLINE 17 On August 15, 2022, Petitioner Charles B. Estell filed a petition pursuant to 28 U.S.C. § 18 2241. (ECF No. 1). On August 29, 2022, the Court issued an Order directing the parties to 19 complete and file a “Consent / Decline of Magistrate Judge Jurisdiction” form not later than 20 October 3, 2022. (ECF No. 6). To date, Respondent has not filed the required form and it is more 21 than 30 days past due. Instead, on October 27, 2022, Respondent filed a motion to dismiss. (ECF 22 No. 10). 23 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 24 or with any order of the Court may be grounds for imposition by the Court of any and all sanctions 25 . . . within the inherent power of the Court.” The Court has the inherent power to control its 26 docket and may, in the exercise of that power, impose sanctions where appropriate, including 27 dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 1 Based on the foregoing, IT IS HEREBY ORDERED that within three (3) days of entry 2 | of this order, Respondent shall show cause in writing why Respondent should not be sanctioned 3 | for failing to timely comply with his obligation to complete and return the Consent / Decline of 4 | Magistrate Judge Jurisdiction form, including striking Respondent’s pending motion to dismiss. 5 | (ECF No. 10). 6 IT IS FURTHER ORDERED that the Order to Show Cause incorrectly naming Plaintiff as 7 | the party to show cause (ECF No. 11) is vacated. 8 IT IS SO ORDERED. Dated: _ November 4, 2022 | Word 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28