(PC) Perkins v. O'Reilly ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DE’VON-SAMUEL JAMES- Case No. 2:18-cv-01827-TLN-JDP (PC) SINGLETON PERKINS, 12 ORDER TO SHOW CAUSE WHY THIS Plaintiff, CASE SHOULD NOT BE DISMISSED FOR 13 FAILURE TO PROSECUTE AND FAILURE v. TO COMPLY WITH LOCAL RULES 14 O’REILLY, et al., ECF No. 73 15 Defendants. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 On July 2, 2021, defendant Soltanian-Zadeh filed a motion for summary judgment. ECF 19 No. 73. To date, plaintiff has not filed a response. 20 In cases where a party is incarcerated and proceeding without counsel, a responding party 21 is required to file an opposition or statement of non-opposition not more twenty-one days after the 22 date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a 23 statement of no opposition may be deemed a waiver of any opposition to the granting of the 24 motion and may result in the imposition of sanctions.” Id. 25 To manage its docket effectively, the court imposes deadlines on litigants and requires 26 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 27 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 28 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1 | 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 2 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 3 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 Plaintiff will be given a chance to explain why the court should not dismiss the case for 5 | his failure to timely file an opposition or statement of non-opposition to Soltanian-Zadeh’s 6 | motion. Plaintiffs failure to respond to this order will constitute a failure to comply with a court 7 | order and will result in a recommendation that this action be dismissed. Accordingly, plaintiff is 8 | ordered to show cause within twenty-one days why this case should not be dismissed for failure 9 | to prosecute and for failure to comply with the court’s local rules. Should plaintiff wish to 10 | continue with this lawsuit, he shall, within twenty-one days, file an opposition or statement of 11 || opposition to Soltanian-Zadeh’s motion. 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ September 16, 2021 Q_—_—. 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28