(PC) Jones v. Placer County Sheriff's Office ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LLOYD DYLAN JONES, Case No. 2:19-cv-00342-MCE-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE COMPLY WITH COURT ORDERS 14 PLACER COUNTY SHERIFF’S OFFICE, et al., 15 Defendants. 16 17 On September 28, 2020, the court informed plaintiff that he could proceed with his viable 18 Eighth and Fourteenth Amendment claims against defendants Gualco and Tredinnick, and his 19 Eighth Amendment claim against defendant County of Placer. ECF No. 28. All other claims 20 were dismissed with leave to amend. Id. at 6-7. Plaintiff was ordered to file, within 30 days, a 21 notice of election advising the court whether he elects to proceed with the viable claims or file an 22 amended complaint. Id. at 7-8. To date, plaintiff has neither filed a notice of election nor 23 otherwise responded to the court’s September 28, 2020 order. 24 To manage its docket effectively, the court imposes deadlines and requires litigants to 25 meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court 26 may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon 27 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among 28 1 | our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 2 | least under certain circumstances.”’). Involuntary dismissal is a harsh penalty, but the court has a 3 | duty to administer justice expeditiously and avoid needless burden for the parties. See 4 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 5 Plaintiff will be given an opportunity to explain why the court should not dismiss his case 6 | for failure prosecute and failure to comply with the court’s September 28, 2020 order. □□□□□□□□□□□ 7 | failure to respond to this order will constitute another failure to comply with a court order and 8 | will result in dismissal of this case. Accordingly, plaintiff must show cause within twenty-one 9 | days of the date of entry of this order why the court should not dismiss his case for failure to 10 | prosecute and failure comply with court orders. Should plaintiff wish to continue with this 11 | lawsuit, he shall also file his notice of election. 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ December 4, 2020 qe 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28