(PC) Holmes v. Garcia ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VERNELL HOLMES, Case No. 1:19-cv-00555-JDP 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER 14 A. GARCIA, et al., RESPONSE DUE IN 30 DAYS 15 Defendants. 16 17 18 19 Plaintiff, a state inmate previously incarcerated at California Correctional Institution in 20 Tehachapi, proceeds without counsel in this civil rights action brought under 42 U.S.C. § 1983. 21 Plaintiff’s complaint was screened on October 30, 2019, and plaintiff was ordered to produce 22 documents so that the court could order service. ECF No. 12. That order was returned as 23 undeliverable on November 14, 2019. Under Local Rule 183(b), plaintiff’s change of address 24 was due by January 24, 2020, in order for him to avoid dismissal for failure to prosecute. The 25 court has not received an updated address or a response to its order. 26 To manage its docket effectively, the court imposes deadlines on litigants and requires 27 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 28 4:40 VV YE MMU OPO eA ee 1 | or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 2 | U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 3 | adistrict court has a duty to administer justice expeditiously and avoid needless burden for the 4 | parties. See Pagtalunan vy. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The 5 | court will give plaintiff a chance to explain why the court should not dismiss the case for his 6 | failure to prosecute and to comply with a court order. Plaintiff's failure to respond to this order 7 | will constitute a failure to comply with a court order and will result in dismissal of this case. 8 Accordingly, plaintiff must show cause why the court should not dismiss his case for 9 | failure to prosecute. Plaintiff's response is due in thirty days. 10 IT IS SO ORDERED. y 4, CN prs senn □□□ _ Dated: _ May 4, 2020 13 UNIT2D STATES MAGISTRATE JUDGE 14 IS | No. 204. 16 17 18 19 20 21 22 23 24 25 26 27 28