John Paul Valenzuela v. Z. Williams, et al.
John Paul Valenzuela v. Z. Williams, et al.
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PAUL VALENZUELA, Case No.: 1:25-cv-00841-CDB (PC) 12 Plaintiff, ORDER TO SHOW CAUSE IN WRITING WHY SANCTIONS SHOULD NOT BE 13 v. IMPOSED FOR PLAINTIFF’S FAILURE TO KEEP THE COURT APPRISED OF HIS 14 Z. WILLIAMS, et al., CURRENT ADDRESS AND TO OBEY A COURT ORDER 15 Defendants. (Doc. 6) 16 21-DAY DEADLINE 17 18 Plaintiff John P. Valenzuela (“Plaintiff”) is a prisoner proceeding pro se and in forma 19 pauperis in this civil rights action pursuant to
42 U.S.C. § 1983. 20 On November 14, 2025, the Court screened Plaintiff’s complaint, finding that Plaintiff 21 failed to allege any cognizable claims, and granted leave to amend. See (Doc. 6). Any amended 22 complaint was due on or before 30 days from the date of service of the Court’s order.
Id. at 13. 23 Plaintiff was forewarned that if “Plaintiff fails to comply with this order, the undersigned will 24 recommend that this action be dismissed for failure to obey the Court’s orders and failure to 25 prosecute.”
Id.(emphasis omitted). On November 28, 2025, service of the order by mail on 26 Plaintiff at his last known address—Fresno County Jail, P.O. Box 872, Fresno, California 93712— 27 was returned by the U.S. Postal Service as “Undeliverable, Not in Custody.” See (dkt. 11/28/2025). 1 “[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may 2 be grounds for imposition by the Court of any and all sanctions . . . within the inherent power of 3 the Court.” E.D. Cal. Local Rule 110. The Court has the inherent power to control its docket and 4 may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the 5 action. Bautista v. Los Angeles County,
216 F.3d 837, 841 (9th Cir. 2000). A court may dismiss 6 an action based on a party’s failure to prosecute an action, obey a court order, or comply with local 7 rules. See, e.g., Ferdik v. Bonzelet,
963 F.2d 1258, 1260-61(9th Cir. 1992) (dismissal for failure 8 to comply with a court order to amend a complaint); Malone v. U.S. Postal Service,
833 F.2d 128, 9 130-31 (9th Cir. 1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 10
779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local 11 rules). 12 As explained in the Court’s first informational order, a party appearing pro se must keep 13 the Court advised of his current address. (Doc. 3 at 5). Local Rule 182(f) provides that a “pro se 14 party is under a continuing duty to notify the Clerk and all other parties of any change of 15 address … Absent such notice, service of documents at the prior address of the … pro se party shall 16 be fully effective.” E.D. Cal. Local Rule 182(f). Pursuant to Local Rule 183(b), if mail directed to 17 a pro se plaintiff “is returned by the U.S. Postal Service, and if such plaintiff fails to notify the 18 Court and opposing parties within thirty (30) days thereafter of a current address, the Court may 19 dismiss the action without prejudice for failure to prosecute.” E.D. Cal. Local Rule 183(b). 20 Here, Plaintiff has failed to file a notice of change of address. This case is unable to proceed 21 without Plaintiff’s participation and compliance with his continuing duty to notify the Court of any 22 change of address. (Doc. 3 at 5) (citing E.D. Cal. Local Rule 183(b)). 23 Conclusion and Order 24 Accordingly, IT IS HEREBY ORDERED that Plaintiff SHALL show cause in writing 25 within 21 days of the date of service of this order why sanctions should not be imposed for his 26 failure to keep the Court apprised of his current address and to comply with the Court’s order and 27 the Local Rules, as set forth herein. Alternatively, Plaintiff may comply with this order by filing 1 Any _ failure by Plaintiff to timely respond to this Order will result_in the 2 | recommendation that this action be dismissed, without prejudice, for Plaintiff’s failure to 3 | comply with the Local Rules and to obey a court order. 4 | ITIS SO ORDERED. > Dated: _ December 5, 2025 | Ww Vv Kr 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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