(PC) Curry v. Sessions ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN INDIANA CURRY, Case No. 2:20-cv-00227-TLN-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 COURT ORDERS 14 SESSIONS, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 18 Defendants have filed a motion that seeks terminating sanction pursuant to Federal Rule 19 of Civil Procedure 37. ECF No. 43. On March 9, 2021, I ordered plaintiff to file a response to 20 defendants’ motion by no later than March 30, 2021. ECF No. 44. In violation of that order, 21 plaintiff failed to file either an opposition or statement of non-opposition to defendants’ motion. 22 To manage its docket effectively, the court imposes deadlines on litigants and requires 23 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 24 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 25 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 26 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 27 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 28 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 Plaintiff will be given a chance to explain why the court should not dismiss the case for 2 | his failure to timely file an opposition or statement of non-opposition to defendants’ motion for 3 | sanctions. Plaintiffs failure to respond to this order will constitute another failure to comply with 4 | acourt order and will result in a recommendation that this action be dismissed. Accordingly, 5 | plaintiff is ordered to show cause within twenty-one days why this case should not be dismissed 6 | for failure to prosecute and failure to comply with court orders. Should plaintiff wish to continue 7 | with this action, he shall, within twenty-one days, file an opposition or statement of non- 8 || opposition to defendants’ motion for sanctions. 9 10 IT IS SO ORDERED. ll ( 4 ie — Dated: _ April 23, 2021 q_———. 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28