(PC) Willard v. Dougherty ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JESSE WILLARD, Case No. 1:19-cv-00648-AWI-JDP 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE 12 SUSAN DOUGHERTY, et al., TO COMPLY WITH A COURT ORDER 13 Defendants. FORTY-FIVE DAY DEADLINE 14 15 16 Plaintiff Jesse Willard is a state prisoner proceeding without counsel in this civil rights 17 action brought under 42 U.S.C. § 1983. Plaintiff’s first amended complaint was screened on 18 April 3, 2020, and plaintiff was ordered to file a response, within sixty days, that chose 19 between (1) proceeding only on the claims found cognizable by the court and voluntarily 20 dismissing all other defendants, (2) filing a second amended complaint, or (3) standing by the 21 current complaint, subject to dismissal of claims and defendants consistent with this order. See 22 ECF No. 18. However, plaintiff has yet to file a response to the second screening order. 23 To manage our docket effectively, we impose deadlines and require litigants to meet 24 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 25 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 26 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 27 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at wOAOe VERA MVOC to POO ee OY Oe 1 | least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 2 | duty to administer justice expeditiously and avoid needless burden for the parties. See 3 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 We will give plaintiff the opportunity to explain why the court should not dismiss his 5 | case for failure to prosecute. A failure to respond to this order will constitute another failure to 6 | comply with a court order and will result in dismissal of this case. Accordingly, plaintiff must 7 | show cause within forty-five days of the date of entry of this order why the court should not 8 | dismiss his case for failure to prosecute. Should plaintiff respond, that response should also 9 | indicate which of the three options above plaintiff selects. 10 T IS SO ORDERED. 12 ( Waban ated: _ June 15, 2020 13 UNI STATES MAGISTRATE JUDGE 14 15 | No. 205. 16 17 18 19 20 21 22 23 24 25 26 27 28