(PC)Smith v. O'Brian ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODRICK JERMON SMITH, Case No. 2:20-cv-01510-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 L. O’BRIAN, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On September 29, 2020, the previously assigned magistrate judge screened plaintiff’s 18 complaint and dismissed it for failure to state a claim. ECF No. 5. Plaintiff was granted thirty 19 days to file an amended complaint. Id. On November 2, 2020, the court granted plaintiff’s 20 motion for a thirty-day extension of time to file an amended complaint. ECF No. 10. Despite 21 being granted that extension, plaintiff has not since filed an amended complaint. 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 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 28 1 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 2 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Plaintiff will be given a chance to explain why the court should not dismiss the case for 4 | his failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute 5 | a failure to comply with a court order and will result in a recommendation that this action be 6 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 7 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 8 | to continue with this lawsuit, he shall file, within twenty-one days, a first amended complaint. 9 IT IS SO ORDERED. 10 ( 1 ow — Dated: _ February 17, 2021 Q_—_—. 11 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28