(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, FINDINGS AND RECOMMENDATIONS THAT THIS CASE BE DISMISSED FOR 11 v. FAILURE TO PROSECUTE, FAILURE TO STATE A CLAIM, AND FAILURE TO 12 L. SANTILLAN, et al., COMPLY WITH A COURT ORDER 13 Defendants. OBJECTIONS DUE IN THIRTY DAYS 14 ORDER THAT THE CLERK’S OFFICE 15 ASSIGN THIS CASE TO A DISTRICT JUDGE 16 17 18 Plaintiff Michael Stanford is a state prisoner proceeding without counsel in this civil 19 rights action brought under 42 U.S.C. § 1983. Plaintiff’s complaint was screened on March 30, 20 2020. The court found that plaintiff failed to state a claim, and plaintiff was ordered to file a 21 first amended complaint within sixty days. See ECF No. 10. Plaintiff did not do so. On June 22 17, 2020, we ordered that plaintiff show cause why his case should not be dismissed for failure 23 to state a claim and failure to prosecute. ECF No. 11. Plaintiff has not responded. We thus 24 recommend that plaintiff’s case be dismissed for failure to prosecute, failure to state a claim, 25 and failure to comply with court orders. 26 To manage our docket effectively, we impose deadlines and require litigants to meet 27 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 4649 EVOIT ONY VR VUITTON VO Ie AYO ee 1 | Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 2 | sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 3 | least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 4 | a duty to administer justice expeditiously and avoid needless burden for the parties. See 5 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 6 This recommendation will be submitted to a U.S. district judge presiding over the case 7 | under 28 U.S.C. § 636(b)(1)(B) and Local Rule 304. Within 30 days of the service of the 8 | findings and recommendations, the parties may file written objections to the findings and 9 | recommendations with the court and serve a copy on all parties. That document must be 10 | captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The presiding 11 | district judge will then review the findings and recommendations under 28 U.S.C. 12 | § 636(b)(1)(C). 13 | ORDER 14 The clerk’s official shall assign this case to a district judge to review the above 15 | recommendation. 16 7 T IS SO ORDERED. 18 ( {WSs ated: _ August 10, 2020 19 UNI STATES MAGISTRATE JUDGE 20 21 | No. 205. 22 23 24 25 26 27 28