(HC) Cerpa v. Matterson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMIE EDEN CERPA, Case No. 2:20-cv-02345-TLN-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH LOCAL RULES 14 GIGI MATTERSON, ECF No. 13 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 On February 9, 2021, respondent filed a motion to dismiss this case. ECF No. 13. To 18 date, petitioner has not filed a response to the motion. 19 In cases where a party is incarcerated and proceeding without counsel, a responding party 20 is required to file an opposition or statement of non-opposition not more twenty-one days after the 21 date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a 22 statement of no opposition may be deemed a waiver of any opposition to the granting of the 23 motion and may result in the imposition of sanctions.” Id. 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 plaintiff’s failure to prosecute 26 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 27 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 28 1 | 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 2 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 3 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 Petitioner will be given a chance to explain why the court should not dismiss the case for 5 | his failure to timely file an opposition or statement of non-opposition to respondent’s motion. 6 | Petitioner’s failure to respond to this order will constitute a failure to comply with a court order 7 | and will result in a recommendation that this action be dismissed. Accordingly, petitioner is 8 | ordered to show cause within twenty-one days why this case should not be dismissed for failure 9 | to prosecute and failure to comply with the court’s local rules. Should petitioner wish to continue 10 | with this lawsuit, he shall, within twenty-one days, file an opposition or statement of opposition 11 | to respondent’s motion. 12 3 IT IS SO ORDERED. 14 ( 4 ie — Dated: _ March 22, 2021 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28