(HC) Wagner v. Sweet ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIE WAGNER, Case No. 2:21-cv-01689-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE PAY THE FILING, FAILURE TO PROSECUTE, AND FAILURE TO COMPLY 14 JUDGE, WITH COURT ORDERS 15 Respondent. ECF No. 6 16 RESPONSE DUE WITHIN TWENTY-ONE DAYS 17 18 On November 23, 2021, the previously assigned magistrate judge ordered petitioner, 19 within thirty days, to file an amended petition and to submit the $5 filing fee or an application for 20 leave to proceed in forma pauperis. ECF No. 6. Petitioner timely filed an amended petition but 21 neither paid the filing fee nor filed an application to proceed in forma pauperis. 22 To manage its docket effectively, the court imposes deadlines on litigants and requires 23 that those deadlines be met. The court may dismiss a case for petitioner’s failure to prosecute or 24 failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 25 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 26 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 27 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 28 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 Petitioner will be given a chance to explain why the court should not dismiss the case for 2 | his failure to either pay the filing fee or submit an application for leave to proceed in forma 3 | pauperis. Accordingly, petitioner is ordered to show cause within twenty-one days why this case 4 | should not be dismissed for failure to prosecute and failure to comply with court orders. Should 5 | petitioner wish to continue with this action, he shall, within twenty-one days, either pay the $5 6 | filing fee or submit a complete application for leave to proceed in forma pauperis. The Clerk of 7 | Court is directed to send to petitioner the court’s form application for leave to proceed in forma 8 | pauperis. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ January 26, 2022 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