(PC) Haines v. County of Sacramento ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 MARCUS A. HAINES, Case No. 2:20-cv-1011-TLN-JDP-P 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO 12 COUNTY OF SACRAMENTO, et al., STATE A CLAIM, AND FAILURE TO 13 Defendants. COMPLY WITH A COURT ORDER 14 THIRTY-DAY DEADLINE 15 16 Plaintiff Marcus Haines is a pretrial detainee proceeding without counsel in this action. 17 Plaintiff’s complaint was dismissed for failure to state a claim pursuant to 28 U.S.C. 18 § 1915A(a) on September 17, 2020, and plaintiff was granted thirty days to file an amended 19 complaint. See ECF No. 7. Plaintiff has not yet done so. 20 To manage its docket effectively, the court imposes deadlines and requires litigants to 21 meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court 22 may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon 23 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among 24 our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua 25 sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the 26 court has a duty to administer justice expeditiously and avoid needless burden for the parties. 27 See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 Plaintiff will be given an opportunity to explain why the court should not dismiss his 2 | case for failure to prosecute and failure to state a claim. Plaintiff’s failure to respond to this 3 | order will constitute another failure to comply with a court order and will result in dismissal of this case. Accordingly, plaintiff must show cause within thirty days of the date of entry of this 5 | order why the court should not dismiss his case for failure to state a claim and failure to 6 | prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first 7 | amended complaint. 8 So ordered. x [ 9 | Dated: November 4, 2020 \ aia fa aca □□ 10 JER EMY D. PETRISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28