(PS) Van den Heuvel v. Barbour ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEAN MARC VAN DEN HEUVEL, Case No. 2:23-cv-00021-DAD-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 TRACY BARBOUR, 15 Defendant. 16 17 18 On January 24, 2023, I ordered plaintiff to submit within thirty days either the $402 filing 19 fee or a complete application for leave to proceed in forma pauperis.1 ECF No. 3. To date, 20 plaintiff has 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 1 On January 5, 2023, plaintiff filed an unsigned application for leave to proceed in forma 26 pauperis. See ECF No. 2. In my January 24 order, I notified him that his application was 27 disregarded since Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, written motion, and other paper . . . be signed by at least one attorney of record in the attorney’s 28 name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). 1 | (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 Plaintiff will be given a chance to explain why the court should not dismiss his case based 5 | on his failure to either pay the filing fee or submit a complete application for leave to proceed in 6 | forma pauperis. Plaintiffs failure to respond to this order will constitute another failure to 7 | comply with a court order and will result in a recommendation that this action be dismissed. 8 | Accordingly, plaintiff is ordered to show cause within twenty-one days why this case should not 9 | be dismissed for failure to pay the filing fee, failure to prosecute, and failure to comply with court 10 | orders. Should plaintiff wish to continue with this action, he must, within twenty-one days, either 11 | pay the $402 filing fee or submit a complete application for leave to proceed in forma pauperis. 12 | The Clerk of Court is directed to send to plaintiff the court’s form application for leave to proceed 13 | in forma pauperis. 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ June 8, 2023 a——— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28