Duncan v. Kim

Full title: JAMAAL L. DUNCAN, Plaintiff, v. KIM, et al., Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Sep 19, 2013

Case No.: 1:13-cv-01153 - AWI - JLT (PC) (E.D. Cal. Sep. 19, 2013)

Opinion

Case No.: 1:13-cv-01153 - AWI - JLT (PC)

2013-09-19

JAMAAL L. DUNCAN, Plaintiff, v. KIM, et al., Defendant.

Jennifer L. Thurston

ORDER TO SHOW CAUSE WHY THE ACTION

SHOULD NOT BE DISMISSED FOR

PLAINTIFF'S FAILURE TO PAY THE FILING

FEE

(Doc. 3).

Plaintiff ("Plaintiff") is a federal prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On July 29, 2013, the Court ordered plaintiff to submit his application to proceed in forma pauperis or to pay the $400.00 filing fee for this action within 45 days. (Doc. 3). More than 45 days have passed and Plaintiff has failed to comply with the Court's order.

The Local Rules, corresponding with Fed. R. Civ. P. 11, provide, "[f]ailure of counsel or of a party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any and all sanctions . . . within the inherent power of the Court." Local Rule 110. "District courts have inherent power to control their dockets," and in exercising that power, a court may impose sanctions including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party's failure to prosecute an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).

Plaintiff is advised that this will be the Court's FINAL order for Plaintiff to submit his application to proceed in forma pauperis or to pay the $400.00 filing fee. Should Plaintiff fail to comply with this order, the Court will issue findings and recommendations that this matter be dismissed.

ORDER

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff SHALL submit his application to proceed in forma pauperis or pay the $400.00 filing fee within 14 DAYS of the date of service of this Order; and
2. The Clerk of the Court is DIRECTED to provide Plaintiff with the form for the in forma pauperis application.

IT IS SO ORDERED.

Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE