(PC)Foster v. People of the State of Calfornia ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN LEE FOSTER, Case No. 2:21-cv-01212-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 PEOPLE OF THE STATE OF CALIFORNIA, RESPONSE DUE WITHIN TWENTY-ONE 15 DAYS Defendant. 16 17 On November 9, 2021, I screened plaintiff’s complaint, notified him that it failed to state a 18 claim, and gave him sixty days to file an amended complaint. ECF No. 7. To date, plaintiff has 19 not filed an amended complaint. 20 To manage its docket effectively, the court imposes deadlines on litigants and requires 21 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 22 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 23 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 24 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 25 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 26 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 Plaintiff will be given a chance to explain why the court should not dismiss the case for 28 his failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute 1 | a failure to comply with a court order and will result in a recommendation that this action be 2 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 3 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 4 | to continue with this lawsuit, he shall file, within twenty-one days, an amended complaint. 5 6 IT IS SO ORDERED. Dated: _ January 21, 2022 Q_—— 8 JEREMY D. PETERSON 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28