(PC) Reyes v. Matteson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRAULIO ULISES REYES, Case No. 2:20-cv-00815-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 GISELLE MATTESON, RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 18 On November 10, 2020, the court screened plaintiff’s first amended complaint, notified 19 plaintiff that it did not state a claim, and granted plaintiff thirty days to file a second amended 20 complaint. ECF No. 17. Plaintiff was subsequently granted two sixty-day extensions, with the 21 most recent extension granting plaintiff until April 19, 2021 to file an amended complaint. ECF 22 Nos. 19, 21. Despite those extensions, plaintiff has not filed a second amended complaint. 23 To manage its docket effectively, the court imposes deadlines on litigants and requires 24 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 25 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 26 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 27 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 28 1 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 2 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 I will give plaintiff a chance to explain why the court should not dismiss the case for his 4 | failure to file an amended complaint. Plaintiffs failure to respond to this order will constitute a 5 | failure to comply with a court order and will result in a recommendation that this action be 6 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 7 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 8 | to continue with this lawsuit, he shall file, within twenty-one days, a second amended complaint. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ May 4, 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