(PC) Stanford v. Santillan ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL STANFORD, Case No. 1:19-cv-01634-JDP 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 12 L. SANTILLAN, et al., STATE A CLAIM, AND FAILURE TO 13 Defendants. COMPLY WITH A COURT ORDER 14 FORTY-FIVE DAY DEADLINE 15 16 Plaintiff Michael Stanford is a state prisoner proceeding without counsel in this civil 17 rights action brought under 42 U.S.C. § 1983. Plaintiff’s complaint was screened on March 30, 18 2020, and plaintiff was ordered to file a first amended complaint within sixty days. See ECF 19 No. 10. Plaintiff has not yet done so. 20 To manage our docket effectively, we impose deadlines and require litigants to meet 21 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 22 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 23 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 24 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 25 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 26 a duty to administer justice expeditiously and avoid needless burden for the parties. See 27 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4:40 VET MMU Po PC her POY ee 1 We will give plaintiff an opportunity to explain why the court should not dismiss his 2 | case for failure to prosecute and failure to state a claim. Plaintiff's failure to respond to this 3 | order will constitute another failure to comply with a court order and will result in dismissal of case. Accordingly, plaintiff must show cause within forty-five days of the date of entry of 5 | this order why the court should not dismiss his case for failure to state a claim and failure to 6 | prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first 7 | amended complaint. 8 9 T IS SO ORDERED. : CN prssenn —_ ated: _ June 16, 2020 11 UNI STATES MAGISTRATE JUDGE 12 13 | No. 205. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28