(PC) Garcia v. Naser ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE LUIS GARCIA, Case No. 2:21-cv-00349-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 NASER, et al. RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 18 On April 3, 2021, I ordered plaintiff to submit, within thirty days, either the $402 filing 19 fee or an application for leave to proceed in forma pauperis together with his inmate trust account 20 statement. ECF No. 9. To date, plaintiff has neither payed the required filing fee nor submitted 21 an application to proceed in forma pauperis. 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 I will give plaintiff a chance to explain why the court should not dismiss the case for his 2 | failure to either pay the filing fee or submit an application for leave to proceed in forma pauperis. 3 | Plaintiffs failure to respond to this order will constitute another failure to comply with a court 4 | order and will result in a recommendation that this action be dismissed. 5 Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 6 | should not be dismissed for failure to prosecute and failure to comply with court orders. Should 7 | plaintiff wish to continue with this action, he shall, within twenty-one days, either pay the $402 8 | filing fee or submit a complete application for leave to proceed in forma pauperis. Any 9 | application to proceed in forma pauperis must be accompanied by a certified copy of □□□□□□□□□□□ 10 || inmate trust account statement for the six-month period immediately preceding the filing of the 11 | complaint. See 28 U.S.C. § 1915(a)(2). The Clerk of Court is directed to send to plaintiff the 12 || court’s form application for leave to proceed in forma pauperis. 13 4 IT IS SO ORDERED. 15 ( 1 ow — Dated: _ July 21, 2021 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28