Michael Laurence Hoke v. M. Nunez, et al.

Summary

The United States District Court for the Eastern District of California orders plaintiff Michael Laurence Hoke to show cause why his action should not be dismissed. The order states that plaintiff failed to respond to a prior screening order requiring an amended complaint or voluntary dismissal and directs him to file an explanation or amended complaint within twenty-one days.

Holdings

1. A court may use its inherent power to control its docket and dismiss an action for failure to prosecute, failure to obey a court order, or failure to comply with local rules.

Questions Presented

1. Whether the court may issue an order to show cause and potentially dismiss the action based on plaintiff's failure to prosecute and failure to comply with the court's prior order.
2. Whether plaintiff should be required to show cause why the action should not be dismissed for failure to state a claim.

Disposition

other