Silveira

(PC) Jones Slaise v. Silveira

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20231:23-cv-01035California1,023 words

Opinion

Trial Court Opinion

BACKGROUND

17 Plaintiff filed the instant action on July 12, 2023. On July 13, 2023, the Court issued an 18 order directing Plaintiff to submit a completed application to proceed in forma pauperis or pay the 19 $402.00 filing fee within 45 days. (ECF No. 3.) Plaintiff failed to respond to the Court’s order; 20 therefore, on September 7, 2023, the Court issued an order to show cause why the action should 21 not be dismissed. (ECF No. 4.) Plaintiff has failed to respond to the order to show cause and the 22 time to do so has passed. Accordingly, dismissal is warranted.

II.

LEGAL STANDARD

25 Local Rule 110 provides that “[f]ailure...of a party to comply with these Rules or with any 26 order of the Court may be grounds for imposition by the Court of any and all sanctions...within 27 the inherent power of the Court.” District courts have the inherent power to control their dockets 28 and “[i]n the exercise of that power they may impose sanctions including, where appropriate,...dismissal.” Thompson v. Hous. Auth., 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…

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