(PC) Smith v. Pfeiffer ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARMAAL SMITH, Case No. 1:19-cv-00437-NONE-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 CHRISTIAN PFEIFFER, et al., RESPONSE DUE IN THIRTY DAYS 15 Defendants. ORDER DENYING PLAINTIFF’S MOTION 16 FOR SERVICE 17 ECF No. 13 18 19 On December 10, 2019, the court granted plaintiff’s motion to amend his complaint and 20 ordered plaintiff to file his first amended compliant within thirty days. ECF No. 11. Plaintiff has 21 not filed an amended complaint. Thus, the court will order plaintiff to show cause why his case 22 should not be dismissed for failure to prosecute and failure to comply with a court order. 23 To manage its docket effectively, the court imposes deadlines on litigants and requires 24 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 25 or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 26 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 27 a district court has a duty to administer justice expeditiously and avoid needless burden for the 28 WAS 4649 UVTI FINN VR IO ee AY ee 1 | parties. See Pagtalunan vy. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The 2 | court will give plaintiff a chance to explain why the court should not dismiss the case for his 3 | failure to prosecute and to comply with a court order. Plaintiff's failure to respond to this order 4 | will constitute a failure to comply with a court order and will result in dismissal of this case. 5 Plaintiff has also filed a motion for service. ECF No. 13. As plaintiff has not filed his 6 | amended complaint, this motion will be denied. Plaintiff’s first amended complaint, once filed, 7 | will have to be screened before service is authorized. See 28 U.S.C. § 1915A. 8 Accordingly, 9 1. Plaintiff is ordered to show cause within thirty days why this case should not be 10 dismissed for failure to prosecute and failure to comply with a court order. ll 2. Plaintiffs motion for service, ECF No. 13, is denied. 12 3 IT IS SO ORDERED. \ prssanp Rae — Dated: _ May 11, 2020 15 UNIT#D STATES MAGISTRATE JUDGE 16 17 | No. 204. 18 19 20 21 22 23 24 25 26 27 28