(PC) Rodriguez v. Diaz et al, No. 1:2020cv00944 - Document 16 (E.D. Cal. 2021)
Court Description: FINDINGS and RECOMMENDATIONS to Dismiss Action; Clerk of Court to Assign a District Judge, signed by Magistrate Judge Jennifer L. Thurston on 05/12/2021. Referred to Judge Unassigned DJ. Objections to F&R Due Within Fourteen-Days. (Maldonado, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PEDRO RODRIGUEZ, 12 13 Plaintiff, Case No. 1:20-cv-00944-JLT (PC) FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION v. 14-DAY DEADLINE 14 15 RALPH DIAZ, et al., Defendants. Clerk of the Court to Assign a District Judge 16 17 On February 6, 2021, the Court issued a screening order directing Plaintiff to file an 18 amended complaint curing the deficiencies in his pleading or a notice of voluntary dismissal. 19 (Doc. 8.) Despite receiving two extensions of time (Docs. 10, 12), Plaintiff has failed to file an 20 amended complaint or a notice of dismissal within the time provided by the Court. 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, the Court RECOMMENDS that this action be DISMISSED without 5 prejudice for Plaintiff’s failure to obey court orders. The Court DIRECTS the Clerk of the Court 6 to assign a district judge to this action. 7 These Findings and Recommendations will be submitted to the United States District 8 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 9 service of these Findings and Recommendations, Plaintiff may file written objections with the 10 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 11 Recommendations.” Plaintiff’s failure to file objections within the specified time may result in 12 waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 13 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 15 16 IT IS SO ORDERED. Dated: May 12, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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