(PC) Smith v. Miller ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ANTHONY SMITH, Case No. 2:15-cv-02534-TLN-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH LOCAL RULES 14 SISKIYOU COUNTY JAIL, et al. ECF No. 56 15 Defendants. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 On September 3, 2020, defendants filed a motion to dismiss plaintiff’s second amended 18 complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 56. To date, plaintiff 19 has not filed an opposition or a statement of non-opposition to the motion. 20 In cases where a party is incarcerated and proceeding without counsel, a responding party 21 is required to file an opposition or statement of non-opposition not more than 21 days after the 22 motion is served. E.D. Cal. L.R. to Local Rule 230(l). Failure “to file an opposition or to file a 23 statement of no opposition may be deemed a waiver of any opposition to the granting of the 24 motion and may result in the imposition of sanctions.” Id. 25 To manage its docket effectively, the court imposes deadlines on litigants and requires 26 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 27 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 28 1 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 2 | 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 3 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan □□□ 4 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 5 Plaintiff will be given a chance to explain why the court should not dismiss the case for 6 | his failure to prosecute and failure to comply with the court’s local rules. Accordingly, plaintiff is 7 | ordered to show cause within twenty-one days why this case should not be dismissed for failure 8 | to prosecute and failure to comply with the local rules. Should plaintiff wish to continue with this 9 | lawsuit, plaintiff shall, within twenty-one days, file an opposition or statement of opposition to 10 | defendant’s motion. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ December 1, 2020 Q————. 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28