Summary
The United States District Court for the Eastern District of California orders Plaintiff Quoc Xuong Luu to show cause within 14 days why his civil rights action should not be dismissed for failure to respond to the Court’s first screening order. The order permits Plaintiff alternatively to file a first amended complaint or a notice of voluntary dismissal and warns that failure to comply may result in a recommendation of dismissal for failure to obey court orders and failure to prosecute.
Holdings
- A district court may use its inherent docket-management power, together with applicable rules, to impose sanctions including dismissal when a party fails to prosecute an action, obey a court order, or comply with local rules.
Questions Presented
- Whether the court may require Plaintiff to show cause and potentially dismiss the action for failure to comply with a court order and failure to prosecute.
- Whether Plaintiff should receive an additional 14-day opportunity to respond to the screening order by filing a first amended complaint, a notice of voluntary dismissal, or a written explanation.
Disposition
other
Cases Cited (4)
- Thompson v. Housing Authority, City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-1261 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130-131 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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