(PC) Alvarez v. Redman ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BLACKIE FLORINCEO ALVAREZ SR., Case No. 2:21-cv-01932-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 GRAY REDMAN, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 18 On May 10, 2022, I screened plaintiff’s complaint, notified him that it failed to state a 19 claim, and gave him thirty days to file an amended complaint. ECF No. 4. I subsequently 20 granted plaintiff an extension, until July 17, 2022, to file his amended complaint. ECF No. 10. In 21 response, plaintiff has filed objections, but has not filed an amended complaint. 22 To manage its docket effectively, the court requires litigants to meet certain deadlines. 23 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 24 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 25 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 26 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 27 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 28 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 Plaintiff will be given an opportunity to explain why the court should not dismiss his case 2 | for failure prosecute and failure to comply with a court order. Plaintiffs failure to respond to this 3 | order will constitute a failure to comply with a court order and will result in a recommendation 4 | that this action be dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one 5 || days why this case should not be dismissed for failure to prosecute and failure to state a claim. 6 | Should plaintiff wish to continue with this lawsuit, he must file, within twenty-one days, a first 7 | amended complaint. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ August 22, 2022 Q_—— 11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28