(PC) Robertson v. Gutierrez

• Court: District Court, E.D. California
• Decided: May 22, 2025
• Docket: 2:24-cv-02034
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TRE L. ROBERTSON, Case No. 2:24-cv-2034-JDP (P) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 S. GUTIERREZ, 15 Defendant. 16 On February 14, 2025, the court ordered plaintiff to complete and return to the court, 17 within thirty days, the USM-285 forms necessary to effect service on defendant. ECF No. 10. 18 That thirty-day period has since passed, and plaintiff has not responded in any way to the court’s 19 order. 20 The court has the inherent power to control its docket and may, in the exercise of that 21 power, impose sanctions where appropriate, including dismissal. Bautista v. Los Angeles Cnty., 22 216 F.3d 837, 841 (9th Cir. 2000); see Local Rule 110 (“Failure of counsel or of a party to 23 comply with these Rules or with any order of the Court may be grounds for imposition by the 24 Court of any and all sanctions . . . within the inherent power of the Court.”). A court may dismiss 25 an action based on a party’s failure to prosecute an action, failure to obey a court order, or failure 26 to comply with local rules. See Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) 27 (dismissal for lack of prosecution and failure to comply with local rules). 28 1 I will give plaintiff a chance to explain why the court should not dismiss the case for 2 | failure to comply with court orders and failure to prosecute. Plaintiffs failure to respond to this 3 | order will constitute a failure to comply with a court order and will result in a recommendation 4 | that this action be dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one 5 | days why this case should not be dismissed for failure to prosecute and failure to comply with 6 | court orders. Should plaintiff wish to continue with this lawsuit, he shall file, within twenty-one 7 | days, the USM-285 forms necessary to effect service on defendant. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ May 22, 2025 q——— 11 JEREMY D. PETERSON 0 UNITED STATES MAGISTRATE JUDGE

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