Good v. Paat et al
Filing
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ORDER DISMISSING Action, Without Prejudice signed by Magistrate Judge Sheila K. Oberto on 6/29/2011. CASE CLOSED. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN GOOD,
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CASE NO. 1:10-cv-00987-SKO PC
Plaintiff,
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v.
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ORDER DISMISSING ACTION, WITHOUT
PREJUDICE
M. PAAT, et al.,
(Doc. 10)
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Defendants.
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Plaintiff John Good, a former state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on June 3, 2010. On May 18, 2011, the Court
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issued an order striking Plaintiff’s unsigned complaint from the record and requiring Plaintiff to file
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a signed complaint within twenty days. Fed. R. Civ. P. 11(a); Local Rule 131. Plaintiff was warned
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that the failure to comply with the order would result in dismissal of this action. To date, Plaintiff
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has not complied with or otherwise responded to the order.
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The Court has the inherent power to control its docket and may, in the exercise of that power,
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impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles
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County, 216 F.3d 837, 841 (9th Cir. 2000). In determining whether to dismiss an action for failure
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to comply with a pretrial order, the Court must weigh “(1) the public’s interest in expeditious
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resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the
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defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability
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of less drastic sanctions.” In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d
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1217, 1226 (9th Cir. 2006) (internal quotations and citations omitted). These factors guide a court
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in deciding what to do, and are not conditions that must be met in order for a court to take action.
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Id. (citation omitted).
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Based on Plaintiff’s failure to comply with the order to file a signed complaint, the Court is
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left with no alternative but to dismiss the action. Id. This action cannot proceed without a pleading
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on file and it cannot simply remain idle on the Court’s docket, unprosecuted. Id. Accordingly, this
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action is HEREBY DISMISSED, without prejudice.
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IT IS SO ORDERED.
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Dated:
ie14hj
June 29, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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