(PC) Davis v. Hill ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LLOYD CLIFTON DAVIS, Case No. 2:22-cv-00407-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS 14 RICK HILL, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On December 14, 2022, I screened plaintiff’s complaint and notified him that the claims 18 could not proceed together in one action. ECF No. 13. I granted him thirty days to file an 19 amended complaint or advisement indicating his intent to stand by his current complaint, subject 20 to a recommendation that claims, or parties be dismissed. To date, plaintiff has not filed a 21 response. 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 a chance to explain why the court should not dismiss the case for 2 | his failure to file an amended complaint or advisement of his intent to stand by his current 3 | complaint. Plaintiffs failure to respond to this order will constitute a failure to comply with a 4 | court 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 prosecute and failure to comply with court orders. Should plaintiff wish to continue 7 | with this lawsuit, he shall file, within twenty-one days, an amended complaint or advisement of 8 | his intent to stand by his current complaint. 9 10 IT IS SO ORDERED. ll ( 4 ie — Dated: _ March 3, 2023 q-—— 12 JEREMY D. PETERSON B UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28