(PC) Evans v. Milam ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 RICHARD A. EVANS, Case No. 1:20-cv-00070-AWI-JDP 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 12 R. MILAM, et al., STATE A CLAIM, AND FAILURE TO 13 Defendants. COMPLY WITH A COURT ORDER 14 FORTY-FIVE DAY DEADLINE 15 16 Plaintiff Richard Evans is a state prisoner proceeding without counsel in this civil rights 17 action brought under 42 U.S.C. § 1983. Plaintiff’s complaint was screened on April 6, 2020, 18 and plaintiff was ordered to file a first amended complaint within sixty days. See ECF No. 15. 19 However, while plaintiff has filed numerous assorted materials, see ECF Nos. 16-25, he is yet 20 to file a first amended complaint. 21 To manage our docket effectively, we impose deadlines and require litigants to meet 22 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 23 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 24 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 25 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 26 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 27 a duty to administer justice expeditiously and avoid needless burden for the parties. See wOoOe UV EEN VERA MVOC OPO ee OY Oe 1 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 2 We will give plaintiff the opportunity to explain why the court should not dismiss his 3 | case for failure to prosecute and failure to state a claim. The court observes that one of 4 | plaintiff's numerous “notices” mentions a need for more time, see ECF No. 21, but that notice 5 | appears to have been filed in numerous cases simultaneously and is concerned with needing 6 | more time for an appeal issue; it does not refer to the first amended complaint at issue here. 7 Plaintiffs failure to respond to this order will constitute another failure to comply with a 8 | court order and will result in dismissal of this case. Accordingly, plaintiff must show cause 9 | within forty-five days of the date of entry of this order why the court should not dismiss his 10 | case for failure to state a claim and failure to prosecute. 11 b T IS SO ORDERED. 13 ( Waban ated: _ June 15, 2020 14 UNI STATES MAGISTRATE JUDGE 15 16 | No. 205. 17 18 19 20 21 22 23 24 25 26 27 28