(PC) Keene v. Toor ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN SCOTT KEENE, Case No. 1:17-cv-01169-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 KIRAN TOOR, et al., ECF Nos. 38, 43 15 Defendants. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 Plaintiff has been given multiple extensions to respond to defendants’ motion for 18 summary judgment, ECF No. 38. Plaintiff’s response was originally due on March 13, 2020. 19 Plaintiff’s most recent extension allowed him to file a response by July 20, 2020. ECF No. 43. 20 Plaintiff was also ordered to seek another extension if he continued to be denied access to the law 21 library. See id. Plaintiff has neither sought further extensions nor responded to defendants’ 22 motion for summary judgment. Thus, the court will order plaintiff to show cause why his case 23 should not be dismissed for failure to prosecute and failure to comply with a court order. 24 To manage its docket effectively, the court imposes deadlines on litigants and requires 25 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 26 or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 27 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 28 wOoOe 4:4 VLE IN INE VR MMO OA Ie es Yh ove 1 | district court has a duty to administer justice expeditiously and avoid needless burden for the 2 | parties. See Pagtalunan vy. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The 3 | court will give plaintiff a chance to explain why the court should not dismiss the case for his 4 | failure to prosecute and to comply with a court order. Plaintiff's failure to respond to this order 5 | will constitute another failure to comply with a court order and will result in dismissal of this 6 | case. 7 Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 8 | should not be dismissed for failure to prosecute and failure to comply with a court order. 9 10 IT IS SO ORDERED. p □ \ prssanp Rae — Dated: _ September 2, 2020 12 UNI STATES MAGISTRATE JUDGE 13 14 | No. 204. 15 16 17 18 19 20 21 22 23 24 25 26 27 28