(PC)Barth v. Turner ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 SHAWN DAMON BARTH, Case No. 2:19-cv-1012-JDP (PC) 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE 12 A. TURNER, et al., TO STATE A CLAIM 13 Defendants. THIRTY-DAY DEADLINE 14 15 16 Plaintiff Shawn Barth is a state prisoner proceeding without counsel in this action. On 17 April 6, 2020, plaintiff’s complaint was dismissed pursuant to 28 U.S.C. § 1915A(a), and 18 plaintiff was granted thirty days to file an amended complaint. See ECF No. 9. Plaintiff was 19 subsequently granted two extensions of time to file an amended complaint, the most recent of 20 which moved the deadline for filing an amended complaint to October 23, 2020. See ECF Nos. 21 18, 22. To date, plaintiff has not filed an amended complaint. 22 To manage its docket effectively, the court imposes deadlines and requires litigants to 23 meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court 24 may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon 25 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among 26 our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua 27 sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the 1 | court has a duty to administer justice expeditiously and avoid needless burden for the parties. 2 | See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Plaintiff will be given an opportunity to explain why the court should not dismiss his 4 | case for failure to prosecute and failure to state a claim. Plaintiff's failure to respond to this 5 | order will constitute a failure to comply with a court order and will result in dismissal of this 6 | case. Accordingly, plaintiff must show cause within thirty days of the date of entry of this 7 | order why the court should not dismiss his case for failure to state a claim and failure to 8 | prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first 9 | amended complaint. 10 IS SO ORDERED. 12 ( 4 ie - ated: _ November 12, 2020 Q_—_—. 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28