(HC) LaFlamme v. Lynch ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DON LAFLAMME, Case No. 2:21-cv-00756-JAM-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM 14 JEFF LYNCH, RESPONSE DUE WITHIN TWENTY-ONE 15 Respondent. DAYS 16 17 On June 3, 2021, I screened petitioner’s petition for writ of habeas corpus, notified him 18 that it failed to state claim, and granted him sixty days to file an amended petition. ECF No. 12. 19 To date, petitioner has not filed an amended petition. 20 To manage its docket effectively, the court imposes deadlines and requires litigants to 21 meet those deadlines. The court may dismiss a case for petitioner’s failure to prosecute or failure 22 to comply with its orders or local rules. See Fed. R. Civ. P. 41; Hells Canyon Pres. Council v. 23 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our sister circuits, 24 with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at least under 25 certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a duty to 26 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 27 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 I will give petitioner an opportunity to explain why the court should not dismiss his case 2 | for failure to file an amended petition. Petitioner’s failure to respond to this order will constitute 3 | a failure to comply with a court order and will result in dismissal of this case. Accordingly, 4 | petitioner must show cause within twenty-one days of the date of entry of this order why the court 5 | should not dismiss his case for failure to prosecute and for failure to state a claim. Should 6 | petitioner wish to continue with this lawsuit, he shall also file, within twenty-one days, an 7 | amended petition for writ of habeas corpus. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ November 5, 2021 Q_—_—. 11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28