(PC)Gunn v. Solano County ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUMINTRIUS DAMOUR GUNN, Case No. 2:20-cv-02118-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 STANTON COUNTY—MEDICAL CUSTODY DIVISION, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 DAYS Defendants. 16 17 On April 23, 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. 10. I subsequently 19 granted plaintiff’s motion for an extension of time and granted him until July 30, 2021 to file an 20 amended complaint. ECF No. 12. To date, he has not done so. 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 plaintiff’s failure to prosecute 23 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 24 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 25 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 26 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 27 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 I will give plaintiff a chance to explain why the court should not dismiss the case for his 2 | failure to file an amended complaint. Plaintiffs failure to respond to this order will constitute a 3 | failure to comply with a court order and will result in a recommendation that this action be 4 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 5 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 6 | to continue with this lawsuit, he shall file, within twenty-one days, a first amended complaint. 7 g IT IS SO ORDERED. Dated: _ October 7, 2021 Q_—— 10 JEREMY D. PETERSON i UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28