(HC) Spears v. El Dorado County Jail ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAUREN SPEARS, Case No. 2:21-cv-01769-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE PAY THE FILING, FAILURE TO PROSECUTE, AND FAILURE TO COMPLY 14 EL DORADO COUNTY JAIL, WITH COURT ORDERS 15 Respondent. ECF No. 5 16 RESPONSE DUE WITHIN TWENTY-ONE DAYS 17 18 On November 3, 2021, the court ordered petitioner to submit, within thirty days, either the 19 $5 filing fee or an application for leave to proceed in forma pauperis. ECF No. 5. To date, 20 petitioner has not complied with that order. 21 To manage its docket effectively, the court imposes deadlines on litigants and requires 22 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 23 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 24 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 25 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 26 has a duty to administer justice expeditiously and avoid needless burden for the parties. See 27 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 Petitioner will be given a chance to explain why the court should not dismiss the case for 2 | his failure to either pay the filing fee or submit an application for leave to proceed in forma 3 | pauperis. Accordingly, petitioner is ordered to show cause within twenty-one days why this case 4 | should not be dismissed for failure to prosecute and failure to comply with court orders. Should 5 || petitioner wish to continue with this action, she shall, within twenty-one days, either pay the $5 6 | filing fee or submit a complete application for leave to proceed in forma pauperis. The Clerk of 7 | Court is directed to send to petitioner the court’s form application for leave to proceed in forma 8 | pauperis. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ December 28, 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