Abraham L. Torres v. St. Andre, et al.
Abraham L. Torres v. St. Andre, 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 ABRAHAM L. TORRES, Case No. 2:24-cv-2447-JDP (P) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 ST. ANDRE, et al., 15 Defendants. 16 17 On August 4, 2025, I screened plaintiff’s second amended complaint and dismissed it for 18 failure to state a claim. ECF No. 19. I ordered plaintiff to file, within thirty days, either an 19 amended complaint or a notice of voluntary dismissal of this action. Id. The court subsequently 20 granted both of plaintiff’s request for extensions of time, with the latest deadline to file his third 21 amended complaint by November 17, 2025. To date, plaintiff has not complied with that order. 22 The court has the inherent power to control its docket and may, in the exercise of that 23 power, impose sanctions where appropriate, including dismissal. Bautista v. Los Angeles Cnty., 24
216 F.3d 837, 841 (9th Cir. 2000); see Local Rule 110 (“Failure of counsel or of a party to 25 comply with these Rules or with any order of the Court may be grounds for imposition by the 26 Court of any and all sanctions . . . within the inherent power of the Court.”). A court may dismiss 27 an action based on a party’s failure to prosecute an action, failure to obey a court order, or failure 28 to comply with local rules. See Henderson v. Duncan,
779 F.2d 1421, 1424 (9th Cir. 1986) 1 | (dismissal for lack of prosecution and failure to comply with local rules). 2 I will give plaintiff a chance to explain why the court should not dismiss the case for his 3 | failure to file an amended complaint. Plaintiffs failure to respond to this order will constitute 4 | another failure to comply with a court order and will result in a recommendation that this action 5 | be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why this case 6 | should not be dismissed for failure to prosecute, failure to comply with court orders, and failure to 7 | state aclaim. Should plaintiff wish to continue with this lawsuit, he shall file, within fourteen 8 || days, an amended complaint. 9 10 IT IS SO ORDERED.
Dated: _ December 4, 2025 q-—— 12 JEREMY D. PETERSON B UNITED STATES MAGISTRATE JUDGE
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown