(PS) Van Den Heuvel v. Lua ( 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. 2:21-cv-01452-TLN-JDP (PS) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 TERESA LUA, 15 Defendant. 16 17 I previously screened plaintiff’s first amended complaint, notified him that it did not state 18 a claim, and recommended that the amended complaint be dismissed without leave to amend. 19 ECF No. 7. After considering plaintiff’s objections to that recommendation, I vacated the 20 findings and recommendations and gave him thirty days to file an amended complaint. ECF No. 21 20. I subsequently granted plaintiff’s motion for an extension of time and gave him until May 26, 22 2023, to file an amended complaint. ECF No. 15. Despite that extension, he has not done so. 23 To manage its docket effectively, the court imposes deadlines on litigants and requires 24 litigants to meet those deadlines. The court may impose sanctions, which may include dismissing 25 a case, for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. 26 L.R. 110; Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); 27 Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, 28 but a district court has a duty to administer justice expeditiously and to avoid needless burden for 1 | the parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 2 The court will give plaintiff an opportunity to explain why this case should not be 3 | dismissed for failure to file an amended complaint. Plaintiff's failure to respond to this order will 4 | constitute a failure to comply with a court order and will result in a recommendation that this 5 | action be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why 6 | this case should not be dismissed for failure to prosecute and failure to state a claim. Should 7 | plaintiff wish to continue with this lawsuit, he shall file, within fourteen days, an amended 8 | complaint. 9 10 IT IS SO ORDERED. ll ( 4 ie — Dated: _ June 10, 2023 q-—— 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28