(PC) Coons v. C.D.C.R. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY COONS, Jr., Case No. 2:20-cv-01813-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 C.D.C.R, RESPONSE DUE WITHIN TWENTY-ONE 15 Defendant. DAYS 16 17 On November 23, 2020, the court screened plaintiff’s first amended complaint and 18 notified plaintiff that it failed to state a claim. ECF No. 12. Plaintiff was granted sixty days to 19 file an amended complaint. Id. To date, plaintiff has not filed a second amended complaint. 20 To manage its docket effectively, the court imposes deadlines on litigants and requires 21 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 22 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 23 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 24 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 25 administer justice expeditiously and to avoid needless burden for the parties. See Pagtalunan v. 26 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 28 1 Plaintiff will be given a chance to explain why the court should not dismiss the case for 2 | his failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute 3 | a failure to comply with a court order and will result in a recommendation that this action be 4 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 5 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 6 | to continue with this lawsuit, he shall file, within twenty-one days, a second amended complaint. 7 g IT IS SO ORDERED. Dated: _ February 22, 2021 Q_—_—. 10 JEREMY D. PETERSON i UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28