(HC) Kokolios v. Diaz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE JOHN KOKOLIOS, Case No. 2:20-cv-00933-KJM-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM 14 RALPH DIAZ, ECF Nos. 5, 9. 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 On May 15, 2020, the previously assigned magistrate judge screened plaintiff’s petition 19 for writ of habeas corpus, dismissed it for failure to state a claim, and granted petitioner thirty 20 days to file an amended petition. ECF No. 5. Rather than filing an amended petition, petitioner 21 filed a motion for reconsideration of the May 15 screening order. ECF No. 8. Although that 22 motion was denied on July 6, 2020, ECF No. 9, petitioner has yet to file an amended petition for 23 writ of habeas corpus. 24 To manage its docket effectively, the court imposes deadlines on litigants and requires 25 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 26 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 27 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 28 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 1 | has a duty to administer justice expeditiously and avoid needless burden for the parties. See 2 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Petitioner will be given a chance to explain why the court should not dismiss the case for 4 | his failure to prosecute and for failure to state a claim. Petitioner’s failure to respond to this order 5 | will constitute a failure to comply with a court order and will result in a recommendation that this 6 | action be dismissed. Accordingly, petitioner is ordered to show cause within twenty-one days 7 | why this case should not be dismissed for failure to prosecute and failure to comply with court 8 | orders. Should petitioner wish to continue with this lawsuit, he shall file, within twenty-one days, 9 | an amended petition. 10 Wl IT IS SO ORDERED. 12 ( ie — Dated: _ January 19, 2021 Q_—— 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28