(HC) Smith v. Nevada County Jail ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODY JAMES SMITH, No. 2:23-cv-01745-JDP (HC) 12 Petitioner, 13 v. ORDER TO SHOW CAUSE 14 NEVADA COUNTY JAIL, 15 Respondent. 16 17 On August 22, 2023, I ordered petitioner to submit, within thirty days, either the $5 filing 18 fee or an application for leave to proceed in forma pauperis. ECF No. 3. To date, petitioner has 19 done neither. 20 To manage its docket effectively, the court imposes deadlines on litigants and requires 21 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 22 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 23 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 24 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 25 has a duty to administer justice expeditiously and avoid needless burden for the parties. See 26 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 Petitioner will be given a chance to explain why the court should not dismiss the case for 28 his failure either to pay the filing fee or to submit an application for leave to proceed in forma 1 | pauperis. Petitioner’s failure to respond to this order will constitute a failure to comply with a 2 | court order and will result in a recommendation that this action be dismissed. Accordingly, 3 | petitioner is ordered to show cause within twenty-one days why this case should not be dismissed 4 | for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders. 5 | Should petitioner wish to continue with this action, he shall, within twenty-one days, either pay 6 | the $5 filing fee or submit a complete application for leave to proceed in forma pauperis. The 7 | Clerk of Court is directed to send to petitioner the court’s form application for leave to proceed in 8 | forma pauperis. 9 10 IT IS SO ORDERED. ( ie - Dated: _ October 13, 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