(PC) Windham v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES WINDHAM, Case No. 2:22-cv-01931-TLN-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 PATRICK COVELLO, et al., 15 Defendants. 16 17 On December 21, 2022, I screened plaintiff’s complaint and notified him that his claims 18 were not cognizable. ECF No. 12. I granted him thirty days to file either an amended complaint 19 or an advisement indicating his intent to stand by his current complaint, subject to a 20 recommendation that it be dismissed. To date, plaintiff has not responded. 21 To manage its docket effectively, the court requires litigants to meet certain deadlines. 22 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 23 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 24 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 25 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 26 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 27 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 Plaintiff will be given a chance to explain why the court should not dismiss the case based 1 | on his failure to file either an amended complaint or an advisement of intent to stand by the 2 | current complaint. Plaintiffs failure to respond to this order will constitute a failure to comply 3 | with a court order and will result in a recommendation that this action be dismissed. 4 | Accordingly, plaintiff is ordered to show cause within twenty-one days why this case should not 5 | be dismissed for failure to prosecute and failure to comply with court orders. Should plaintiff 6 | wish to continue with this lawsuit, he shall file, within twenty-one days, an amended complaint or 7 | advisement of his intent to stand by his current complaint. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ June 15, 2023 aw—— 11 JEREMY D. PETERSON 0 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28