(PC) Smart v. Navrrow ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 AARON SMART, Case No. 1:20-cv-00144-JDP 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 12 NAVRROW, et al., STATE A CLAIM, AND FAILURE TO 13 Defendants. COMPLY WITH A COURT ORDER 14 FORTY-FIVE DAY DEADLINE 15 16 Plaintiff Aaron Smart is a state prisoner proceeding without counsel in this action. 17 Plaintiff’s complaint was screened on April 9, 2020, and plaintiff was ordered to file a first 18 amended complaint within sixty days. See ECF No. 14. Plaintiff has not yet done so. 19 To manage our docket effectively, we impose deadlines and require litigants to meet 20 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 21 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 22 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 23 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 24 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 25 a duty to administer justice expeditiously and avoid needless burden for the parties. See 26 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 We will give plaintiff an opportunity to explain why the court should not dismiss his 4: OV EET RAT RMU OP eee POY ee 1 | case for failure to prosecute and failure to state a claim. Plaintiff's failure to respond to this 2 | order will constitute another failure to comply with a court order and will result in dismissal of 3 | case. Accordingly, plaintiff must show cause within forty-five days of the date of entry of 4 | this order why the court should not dismiss his case for failure to state a claim and failure to 5 | prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first 6 | amended complaint. 7 T IS SO ORDERED. ° : CN prssenn —_ ated: _ June 22, 2020 10 UNI STATES MAGISTRATE JUDGE 11 12 | No. 205. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28