(PC) Hill v. Whitworth ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, Case No. 2:20-cv-00905-JAM-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM 14 STEVE WHITWORTH, et al. RESPONSE DUE WITHIN THIRTY DAYS 15 Defendants. 16 17 On August 18, 2020, the previously assigned magistrate judge screened plaintiff’s 18 complaint, found that it failed to state a claim, and granted plaintiff thirty days to file an amended 19 complaint. ECF No. 8. Instead of filing an amended complaint, plaintiff filed a motion for 20 reconsideration of that order by the assigned district judge. ECF No. 9. The court denied 21 plaintiff’s motion on September 28, 2020. ECF No. 10. Although more than two months have 22 passed, plaintiff has not filed an amended complaint. 23 To manage its docket effectively, the court imposes deadlines and requires litigants to meet 24 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 25 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 26 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 27 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 28 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a 1 | 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 Plaintiff will be given an opportunity to explain why the court should not dismiss his case 4 | for failure to prosecute and failure to state a claim. Plaintiffs failure to respond to this order will 5 | constitute a failure to comply with a court order and will result in a recommendation that this 6 | action be dismissed. Accordingly, plaintiff must show cause within thirty days of the date of 7 | entry of this order why the court should not dismiss his case for failure to state a claim and failure 8 || to prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff shall, within thirty 9 | days, file an amended complaint. 10 Wl IT IS SO ORDERED. 12 ( 4 ie — Dated: _ December 11, 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