(SS)(PS) Butler v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN MICHAEL BUTLER, Case No. 2:21-cv-01697-JDP (SS) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE 14 COMMISSIONER OF SOCIAL RESPONSE DUE WITHIN 30 DAYS SECURITY, 15 Defendant. 16 17 On September 22, 2021, the court denied plaintiff’s motion to proceed in forma pauperis 18 without prejudice and directed plaintiff to refile. ECF No. 3. Plaintiff has not filed a new motion. 19 Accordingly, the court will order plaintiff to show cause why this case should not be dismissed 20 for failure to prosecute. The court will also grant plaintiff another opportunity to file a new 21 motion or pay the filing fee. 22 To manage its docket effectively, the court imposes deadlines on litigants and requires 23 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 24 or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. 25 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but 26 a district court has a duty to administer justice expeditiously and avoid needless burden for the 27 parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The 28 1 court will give plaintiff a chance to explain why the court should not dismiss the case for 2 | plaintiffs failure to prosecute. Plaintiffs failure to respond to this order will constitute a failure 3 | to comply with a court order and will result in dismissal of this case. 4 Accordingly: 5 1. Plaintiff is ordered to show cause within 30 days why this case should not be 6 | dismissed for failure to prosecute. 7 2. Plaintiff is ordered to either pay the filing fee or file a new motion to proceed in 8 | forma pauperis within 30 days of the date of entry of this order. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ December 13, 2021 Q_——. 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28