Evans v. Madera County Police Department ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEO EVANS, Case No. 1:20-cv-00501-NONE-JDP 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO STATE A CLAIM, FAILURE TO PROSECUTE, AND FAILURE TO 14 MADERA COUNTY POLICE COMPLY WITH A COURT ORDER DEPARTMENT, et al., 15 RESPONSE DUE WITHIN TWENTY-ONE Defendants. DAYS 16 17 18 Plaintiff proceeds in this civil action without representation. Plaintiff’s complaint was 19 screened on June 8, 2020, the court found that plaintiff had failed to state a claim, and plaintiff 20 was ordered to file a first amended complaint within sixty days. See ECF No. 4. Plaintiff has 21 not yet done so. 22 To manage its docket effectively, the court imposes deadlines and require litigants to meet 23 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 24 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 25 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 26 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 27 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 28 1 a duty to administer justice expeditiously and avoid needless burden for the parties. See 2 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 We will give plaintiff an opportunity to explain why the court should not dismiss his case 4 for failure to prosecute, failure to comply with a court order, and failure to state a claim. 5 Plaintiff's failure to respond to this order will constitute another failure to comply with a court 6 order and will result in dismissal of this case. 7 Accordingly, plaintiff must show cause within 21 days of the date of entry of this order 8 why the court should not dismiss his case for failure to state a claim and failure to prosecute. 9 Should plaintiff wish to continue with this lawsuit, plaintiff must also file a first amended 10 complaint within 21 days. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ November 12, 2020 Q_—_—. 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28