(PC) Ruiz v. Gonzalez ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL RUIZ, Case No. 2:22-cv-01133-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PAY THE FILING FEE, FAILURE TO PROSECUTE, AND FAILURE 14 ELIZABETH GONZALEZ, et al., TO COMPLY WITH COURT ORDERS 15 Defendant. RESPONSE DUE WITHIN TWENTY-ONE DAYS 16 17 18 On July 12, 2022, I ordered plaintiff to submit, within thirty days, either the $402 filing 19 fee or an application for leave to proceed in forma pauperis. ECF No. 3. To date, plaintiff has 20 not complied with that order. 21 To manage its docket effectively, the court requires litigants to meet certain deadlines. 22 The court may impose sanctions, including dismissal of a case, for failure to comply with court 23 orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council 24 v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 25 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 26 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 27 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 Plaintiff will be given a chance to explain why the court should not dismiss his case based 2 | on his failure to either pay the filing fee or submit an application for leave to proceed in forma 3 | pauperis. Plaintiff's failure to respond to this order will constitute another failure to comply with 4 | acourt order and will result in a recommendation that this action be dismissed. Accordingly, 5 | plaintiff is ordered to show cause within twenty-one days why this case should not be dismissed 6 | for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders. 7 | Should plaintiff wish to continue with this action, he must, within twenty-one days, either pay the 8 | $402 filing fee or submit a complete application for leave to proceed in forma pauperis. The 9 | Clerk of Court is directed to send to plaintiff the court’s form application for leave to proceed in 10 | forma pauperis. 11 IT IS SO ORDERED. 13 ( 1 ow — Dated: _ August 23, 2022 Q_—— 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28