(PC) Poarch v. Randy ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ROOSEVELT POARCH, Case No. 2:20-cv-01191-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. PLAINTIFF’S FAILURE TO PROSECUTE, FAILURE TO STATE A CLAIM, AND 14 LENICK RANDY, et al., FAILURE TO COMPLY WITH A COURT ORDER 15 Defendants. THIRTY-DAY DEADLINE 16 17 On September 3, 2020, the court screened plaintiff’s complaint, found that it failed to state 18 a claim, and ordered plaintiff to file a first amended complaint within 30 days. ECF No. 20. 19 Plaintiff has not filed an amended complaint and the time to do so has expired. Thus, the court 20 will order plaintiff to show cause why his case should not be dismissed for failure to prosecute, 21 failure to state a claim, and failure to comply with a court order. 22 To manage its docket effectively, the court imposes deadlines on litigants and requires 23 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 24 or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 25 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 26 a district court has a duty to administerjustice expeditiously and avoid needless burden for the 27 parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 The court will give plaintiff the opportunity to explain why this case should not be 2 dismissed for his failure to state a claim, failure to prosecute, and failure to comply with a court 3 order. Plaintiff’s failure to respond to this order will constitute another failure to comply with a 4 court order and will result in dismissal of this case. Accordingly, plaintiff must show cause 5 within thirty days of the date of entry of this order why the court should not dismiss his case. 6 Dated: October 21, 2020 es, 8 STATE GISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28