(HC) Reilley v. Thompson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY REILLY, Case No. 2:21-cv-00377-TLN-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 LOCAL RULES 14 PAUL THOMPSON, ECF No. 8 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 On May 11, 2021, respondent filed a motion to dismiss this case. ECF No. 8. To date, 19 petitioner has not filed a response. 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 and requires litigants to 26 meet them. The court may dismiss a case based on plaintiff’s failure to prosecute or to comply 27 with its orders or with the local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 28 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th 1 | Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 2 | justice expeditiously. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); 3 | Fed. R. Civ. P. 1. 4 I will give petitioner a chance to explain why the court should not dismiss the case based 5 | on his failure to timely file either an opposition or a statement of non-opposition. Petitioner’s 6 | failure to respond to this order will constitute a failure to comply with a court order and will result 7 | in a recommendation that this action be dismissed. Accordingly, petitioner is ordered to show 8 || cause within twenty-one days why this case should not be dismissed for failure to prosecute and 9 | to comply with the local rules. Should petitioner wish to continue with this lawsuit, he shall, 10 | within twenty-one days, file an opposition or statement of non-opposition to respondent’s motion. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ June 21, 2021 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28