Opinion
Case No.: 1:16-cv-00199-JLT
05-03-2016
JOSE EVANGELISTA, Petitioner, v. ON HABEAS CORPUS, Respondent.
ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED FOR FAILURE TO OBEY A COURT ORDER ORDER DIRECTING THAT A RESPONSE BE FILED WITHIN THIRTY DAYS
Upon preliminary screening of this action, the Court determined that it appeared the petition failed to state a cognizable federal habeas claim, that it may be unexhausted and untimely, and that Petitioner had failed to name a proper Respondent such to confer habeas jurisdiction. Thus, on February 22, 2016, the Court ordered Petitioner to amend his petition within thirty days. (Doc. 4). More than sixty days has passed, yet Petitioner has failed to do so or have any other contact with the Court.
Local Rule 110 provides that "[f]ailure of counsel or of a party to comply with these Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions...within the inherent power of the Court." District Courts have the inherent power to control their dockets and "in the exercise of that power, they may impose sanctions including, where appropriate...dismissal of a case. Thompson v. Housing Auth., 782 F.2d 829, 831 (9 Cir. 1986). A court may dismiss an action with prejudice, based on a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9 Cir. 1995)(dismissal for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-1261 (9 Cir. 1992)(dismissal for failure to comply with an order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440-1441 (9 Cir. 1988)(dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9 Cir. 1987)(dismissal for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9 Cir. 1986)(dismissal for lack of prosecution and failure to comply with local rules).
ORDER
For the foregoing reasons, the Court ORDERS:
1. Within 30 days, Petitioner SHALL show cause in writing why the petition should not be dismissed due to his failure to obey the Court's order. Petitioner may satisfy the Court's Order to Show Cause by filing an amended petition that complies with the Court's requirements specified in the February 22, 2016 order to amend.
Petitioner is forewarned that his failure to comply with this order may result in a Recommendation that the Petition be dismissed pursuant to Local Rule 110. IT IS SO ORDERED.
Dated: May 3 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE IT IS SO ORDERED.
Dated: May 3 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE