(PS) Grant v. Martinez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK A. GRANT, Case No. 2:20-cv-01963-TLN-JDP (PS) 12 Plaintiff, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. FOR FAILURE TO COMPLY WITH COURT ORDERS 14 LUIS MARTINEZ, et al., ECF No. 49 15 Defendants. 16 17 On January 11, 2023, the court issued an order setting an initial scheduling conference for 18 February 16, 2023, and directed the parties to file status reports by no later than February 2, 2023. 19 ECF No. 49. Defendants timely submitted a status report. Plaintiff, however, failed to file his 20 own status report. 21 To manage its docket effectively, the court imposes deadlines on litigants and requires 22 litigants to meet those deadlines. The court may dismiss a case based on plaintiff’s failure to 23 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 24 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 25 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 26 has a duty to administer justice expeditiously and avoid needless burden for the parties. See 27 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 The court will give plaintiff the opportunity to explain why sanctions should not be 2 | imposed for failure to file a status report. Plaintiffs failure to respond to this order will constitute 3 | another failure to comply with a court order and will result in a recommendation that this action 4 | bedismissed. Should plaintiff wish to continue with this lawsuit, he shall also file a status report 5 || as required by the court’s January 11, 2023 order. 6 Accordingly, it is hereby ORDERED that: 7 1. The initial scheduling conference currently set for February 16, 2023, is continued to 8 | March 16, 2023. 9 2. By no later than March 2, 2023, plaintiff shall file a status report in accordance with 10 | the court’s January 11, 2023 order. See ECF No. 49. 11 3. Plaintiff shall show cause, by no later than March 2, 2023, why sanctions should not be 12 | imposed for failure to comply with the court’s January 11, 2023 order. 13 4. Failure to comply with this order may result in the imposition of sanctions, including a 14 | recommendation that this action be dismissed for lack of prosecution and for failure to comply 15 | with court orders. 16 7 IT IS SO ORDERED. 18 ( q oy — Dated: _ February 14, 2023 q——— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28