Jeffrey D. McDonald v. Gena Jones, et al.

United States District Court for the Eastern District of California

Jeffrey D. McDonald v. Gena Jones, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY D. MCDONALD, Case No. 2:24-cv-2545-DC-JDP (P) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 GENA JONES, et al., 15 Defendants. 16 17 On June 23, 2025, I screened plaintiff’s complaint and notified him that not all his claims 18 were cognizable. ECF No. 13. I ordered him to file a notice of his intent to proceed only with his 19 cognizable claims or file an amended complaint within thirty days. The deadline has passed 20 without word from plaintiff. 21 The court has the inherent power to control its docket and may, in the exercise of that 22 power, impose sanctions where appropriate, including dismissal. Bautista v. Los Angeles Cnty., 23

216 F.3d 837

, 841 (9th Cir. 2000); see Local Rule 110 (“Failure of counsel or of a party to 24 comply with these Rules or with any order of the Court may be grounds for imposition by the 25 Court of any and all sanctions . . . within the inherent power of the Court.”). A court may dismiss 26 an action based on a party’s failure to prosecute an action, failure to obey a court order, or failure 27 to comply with local rules. See Henderson v. Duncan,

779 F.2d 1421

, 1424 (9th Cir. 1986) 28 (dismissal for lack of prosecution and failure to comply with local rules). 1 I will give plaintiff a chance to explain why the court should not dismiss this case. 2 | Plaintiff's failure to respond to this order will constitute a failure to comply with a court order and 3 | will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to 4 | show cause within twenty-one days why this case should not be dismissed for failure to 5 | prosecute, failure to comply with court orders, and failure to state a claim. Should plaintiff wish 6 | to continue with this lawsuit, he shall file, within twenty-one days, a notice of his intent to 7 | proceed on the cognizable claims or an amended complaint. 8 9 IT IS SO ORDERED.

Dated: _ September 23, 2025 Q_——. 11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE

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Reference

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