Shikeb Saddozai v. P. Birdsong

Good Law
United States District Court, Central District of CaliforniaDecember 2, 20205:20-cv-01010California730 words

Opinion

Trial Court Opinion

I. BACKGROUND

In May 2020, state prisoner Shikeb Saddozai (“Plaintiff”) filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. See Dkt. 1. On August 21, the Magistrate Judge screened the Complaint and dismissed it with leave to amend. See Dkt. 7. Plaintiff was ordered, within thirty-five (35) days, to either stand on the Complaint or file a First Amended Complaint. See id. at 8. Plaintiff was expressly warned that failure to act would result in dismissal for failure to prosecute. See id. at 9. Plaintiff requested an extension of time, see Dkt. 8, which the Court granted, see Dkt. 9. The deadline has passed, and Plaintiff has not filed anything.

II. DISCUSSION

District courts have the inherent power to achieve the orderly and expeditious disposition of cases by dismissing actions under Federal Rule of

Civil Procedure 41(b) for failure to prosecute and failure to comply with a court order. See Link v. Wabash R.R., 370 U.S. 626, 629-31 (1962). This applies to pro se litigants as well, who are expected to comply with the same procedural standards as represented litigants. See Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (“Although we construe pleadings…

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