(PC) Gleason v. Lee ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS LEE GLEASON, JR., Case No. 2:19-cv-00621-WBS-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 M. VOONG, et al., ECF No. 51 15 Defendants. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 On December 16, 2020, defendants filed a motion for judgment on the pleadings pursuant 18 to Federal Rules of Civil Procedure 12(c). ECF No. 51. To date, plaintiff has not filed a response 19 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 twenty-one days after the 22 date the motion is served. E.D. Cal. L.R. 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 timely file an opposition or statement of non-opposition to defendants’ motion. 7 | Plaintiff's failure to respond to this order will constitute a failure to comply with a court order and 8 | will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to 9 | show cause within twenty-one days why this case should not be dismissed for failure to prosecute 10 | and for failure to comply with the court’s local rules. Should plaintiff wish to continue with this 11 | lawsuit, he shall, within twenty-one days, file an opposition or statement of opposition to 12 | defendants’ motion. 13 4 IT IS SO ORDERED. 15 ( 1 ow — Dated: _ April 6, 2021 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28