(PC) Hicks v. Russell ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARYL ANTHONY HICKS, Case No. 2:22-cv-00095-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 RUSSELL, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On June 1, 2022, I screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. 18 ECF No. 7. I notified plaintiff that he could proceed with his viable First and Eighth Amendment 19 claims against defendant Russell, but that his remaining claims were not cognizable. Id. at 3-4. I 20 ordered plaintiff, within thirty days, either to file an amended complaint or to notify the court that 21 he wishes to proceed only with his viable claims. To date, plaintiff has not complied with that 22 order. 23 To manage its docket effectively, the court requires litigants to meet certain deadlines. 24 The court may impose sanctions, including dismissal of a case, for failure to comply with court 25 orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council 26 v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 27 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 28 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 1 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 2 Plaintiff will be given an opportunity to explain why the court should not dismiss his case 3 | for failure prosecute and failure to comply with a court order. Plaintiff's failure to respond to this 4 | order will constitute another failure to comply with a court order and may result in dismissal of 5 | this case. Accordingly, plaintiff must show cause within twenty-one days why the court should 6 | not dismiss his case for failure to prosecute and failure comply with court orders. Should plaintiff 7 | wish to continue with this lawsuit, he shall also, within twenty-one days, either file an amended 8 | complaint or notify the court he wishes to proceed only with his First and Eighth Amendment 9 | claims against defendant Russell. 10 Wl IT IS SO ORDERED. 12 ( 4 ie — Dated: _ August 22, 2022 Q_—— 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28