(PS) Wheeler v. Majesky ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZACKERY WHEELER, Case No. 2:20-cv-01705-TLN-JDP 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 MATTHEW MAJESKY, et al., RESPONSE DUE WITHIN 30 DAYS 15 Defendants. 16 17 On November 24, 2020, defendants filed a motion to dismiss. ECF No. 9. Plaintiff has 18 not responded and the deadline to do so has now passed. Accordingly, the court will order 19 plaintiff to show cause why this case should not be dismissed for failure to prosecute. The court 20 will also grant plaintiff another opportunity to respond to the pending motion. 21 To manage its docket effectively, the court imposes deadlines on litigants and requires 22 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 23 or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 24 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 25 a district court has a duty to administer justice expeditiously and avoid needless burden for the 26 parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The 27 court will give plaintiff a chance to explain why the court should not dismiss the case for 28 1 | plaintiffs failure to prosecute. Plaintiffs failure to respond to this order will constitute a failure 2 | tocomply with a court order and will result in dismissal of this case. 3 Accordingly, it is hereby ordered that: 4 1. Plaintiff is ordered to show cause within 30 days why this case should not be 5 dismissed for failure to prosecute. 6 2. Plaintiffis ordered to file a response to defendants’ motion to dismiss, ECF No. 9, 7 within 30 days of the date of entry of this order. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ January 12, 2021 11 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28