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4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 BILLIE STOKES, Case No. 1:25-cv-00836-SKO

11 Plaintiff, FINDINGS AND RECOMMENDATION TO DISMISS FOR FAILURE TO 12 COMPLY WITH THE COURT’S v. ORDERS AND FAILURE TO 13 PROSECUTE

14 HANFORD POLICE DEPARTMENT, et al., (Docs. 5 & 6)

15 Defendants. TWENTY-ONE DAY DEADLINE

16 _____________________________________/ Clerk to Assign District Judge

17 18 Plaintiff Billie Stokes is proceeding pro se and in forma pauperis in this action. (Docs. 1, 19 4.) Plaintiff filed his complaint on July 7, 2025. 20 On July 16, 2025, the Court issued an order finding that Plaintiff’s complaint failed to state 21 any cognizable claims and granting leave for Plaintiff to file an amended complaint within thirty 22 days or to notify the Court that he wishes to stand on his complaint. (Doc. 5.) The screening order 23 was served on Plaintiff by mail on July 16, 2025. (See Docket.) To date, Plaintiff has not filed an 24 amended complaint, notified the Court of his intention to stand on his complaint, or requested an 25 extension of time within which to do so. 26 On August 20, 2025, an order issued for Plaintiff to show cause (“OSC”) within twenty-one 27 days why the action should not be dismissed for his failure to comply with the Court’s screening 28 order and for failure to prosecute this case. (Doc. 6.) Plaintiff was warned in the screening order 1 and in the OSC that failure to comply with the Court’s order would result in a recommendation to 2 the presiding district judge of the dismissal of this action. (Id. at 2. See also Doc. 5 at 13.) Plaintiff 3 has not yet filed any response, and the time to do so has passed. 4 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, “[f]ailure of counsel or of 5 a party to comply with . . . any order of the Court may be grounds for the imposition by the Court 6 of any and all sanctions . . . within the inherent power of the Court.” E.D. Cal. Local Rule 110. See 7 also E.D. Cal. Local Rule 183(a). “District courts have inherent power to control their dockets,” 8 and in exercising that power, a court may impose sanctions, including dismissal of an action. 9 Thompson v. Housing Authority of Los Angeles,

(9th Cir. 1986). A court may 10 dismiss an action, with prejudice, based on a party’s failure to prosecute an action or failure to obey 11 a court order, or failure to comply with local rules. See, e.g., Ferdik v. Bonzelet,

, 12 1260–61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of 13 complaint); Malone v. U.S. Postal Service,

(9th Cir. 1987) (dismissal for failure 14 to comply with a court order); Henderson v. Duncan,

, 1424 (9th Cir. 1986) (dismissal 15 for failure to prosecute and to comply with local rules). 16 Based on Plaintiff’s failure to comply with, or otherwise respond to, the screening order and 17 the OSC, there is no alternative but to dismiss the action for his failure to obey court orders and 18 failure to prosecute. 19 Accordingly, it is HEREBY RECOMMENDED that this action be dismissed for Plaintiff’s 20 failure to obey court orders and failure to prosecute this action. 21 The Clerk of Court is DIRECTED to assign a District Judge to this action. 22 These Findings and Recommendation will be submitted to the to-be-assigned United States 23 District Judge, pursuant to the provisions of

(b)(l)(B). Within twenty-one (21) 24 days after being served with these Findings and Recommendation, Plaintiff may file written 25 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendation.” Plaintiff is advised that failure to file objections within the 27 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler,

, 28 839 (9th Cir. 2014) (citing Baxter v. Sullivan,

(9th Cir. 1991)). 1 The Court DIRECTS the Clerk of Court to send a copy of this Order to Plaintiff at his 2 address listed on the docket for this matter. 3 IT IS SO ORDERED. 4

5 Dated: September 16, 2025 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6

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