(PC) Hurtado v. Sylvan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL HURTADO, Case No. 2:21-cv-00888-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED 13 v. FOR FAILURE TO COMPLY WITH COURT ORDERS 14 SYLVAN, ECF No. 17 15 Defendant. 16 17 On February 1, 2023, I issued an order setting an initial scheduling conference for March 18 9, 2023, and directing the parties to file status reports by no later than February 23, 2023. 19 ECF No. 17. Defendant timely submitted a status report. Plaintiff, however, failed to file his 20 own status report. 21 To manage its docket effectively, the court imposes deadlines on litigants and requires 22 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 23 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 24 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 25 1440-41 (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 I will give plaintiff the opportunity to explain why sanctions should not be imposed for 2 | failure to file a status report. Plaintiff's failure to respond to this order will constitute another 3 | failure to comply with a court order and will result in a recommendation that this action be 4 | dismissed. Should plaintiff wish to continue with this lawsuit, he shall also file a status report as 5 || required by the court’s February 1, 2023 order. 6 Accordingly, it is hereby ORDERED that: 7 1. The initial scheduling conference currently set for March 9, 2023, is continued to April 8 | 13, 2023. 9 2. By no later than March 30, 2023, plaintiff shall file a status report in accordance with 10 | the court’s February 1, 2023 order. See ECF No. 17. 11 3. Plaintiff shall show cause, by no later than March 30, 2023, why sanctions should not 12 | be imposed for failure to comply with the court’s February 1, 2023 order. 13 4. Failure to comply with this order may result in the imposition of sanctions, including a 14 | recommendation that this action be dismissed for lack of prosecution and for failure to comply 15 | with court orders. 16 7 IT IS SO ORDERED. 18 ( q oy — Dated: _ March 7, 2023 q——— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28