1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN HARRIS, Case No.: 1:18-cv-01659-DAD-JLT (PC) 12 Plaintiff, ORDER TO SHOW CASE WHY ACTION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO COMPLY WITH THE COURT’S ORDER 14 T.L. CAMPBELL, et al., 21-DAY DEADLINE 15 Defendants. 16 17 On November 20, 2019, the Court issued a screening order finding that Plaintiff failed to 18 state cognizable claims in his first amended complaint and granting him leave to file a second 19 amended complaint. (Doc. 8.) Although more than a month has passed, Plaintiff has failed to file 20 an amended complaint or to otherwise respond to the Court’s order. 21 The Local Rules, corresponding with Federal Rule of Civil Procedure 11, provide, 22 “[f]ailure of counsel or of a party to comply with … any order of the Court may be grounds for 23 the imposition by the Court of any and all sanctions … within the inherent power of the Court.” 24 Local Rule 110. “District courts have inherent power to control their dockets” and, in exercising 25 that power, may impose sanctions, including dismissal of an action. Thompson v. Housing Auth., 26 City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a 27 party’s failure to prosecute an action, obey a court order, or comply with local rules. See, e.g., 28 Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with a 1 court order to amend a complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 2 1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 3 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules). 4 Accordingly, Plaintiff is ORDERED to show cause within 21 days of the date of service 5 of this order why this action should not be dismissed for failure to state a cognizable claim and to 6 comply with the Court’s screening order. Alternatively, within that same time, Plaintiff may file a 7 second amended complaint or a notice of voluntary dismissal. 8 IT IS SO ORDERED. 9 10 Dated: December 30, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28