(HC) Moore v. Frauenheim ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL MOORE, Case No. 2:18-cv-01699-MCE-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS 14 SCOTT FRAUENHEIM, ECF No. 25 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 Petitioner, a state prisoner, proceeds through counsel seeking a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. Pursuant to the court’s February 6, 2019 order, this action has been 20 stayed and held in abeyance to allow petitioner the opportunity to exhaust four of his claims in 21 state court. ECF Nos. 23, 24. On April 9, 2020, petitioner was ordered to file a status report 22 every ninety days advising the court of the status of the state court proceedings. ECF No. 25. On 23 April 16, 2020, petitioner filed a status report that indicated that state court proceedings were still 24 pending. ECF No. 26. However, he has not filed a status report since that date. 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 petitioner’s failure to 27 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 28 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 1 | F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 2 | has a duty to administer justice expeditiously and avoid needless burden for the parties. See 3 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 Petitioner will be given a chance to explain why the court should not dismiss the case for 5 | his failure to prosecute and failure to comply with court orders. Accordingly, petitioner is 6 | ordered to show cause within twenty-one days why this case should not be dismissed for failure 7 | to prosecute and failure to comply with court orders. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ January 19, 2021 Q————. 11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28