(PC) Fowler v. Marc ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN CHARLES BEGBIE FOWLER, Case No. 2:22-cv-02131-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 JAROLD MARC, RESPONSE DUE WITHIN TWENTY-ONE 15 Defendant. DAYS 16 17 On December 8, 2022, I notified plaintiff that he had not properly commenced a civil 18 action because he filed an unsigned complaint. ECF No. 4. Additionally, I notified him that he 19 needed to either submit the required filing fee or a complete in forma pauperis affidavit 20 accompanied by a certified copy of his jail trust account statement for the six-month period 21 immediately preceding the filing of the complaint. Id. I granted plaintiff thirty days to file a 22 signed complaint and either a complete application to proceed in forma pauperis or pay the $402 23 filing fee. To date, plaintiff has not complied with that order or otherwise responded. 24 To manage its docket effectively, the court requires litigants to meet certain deadlines. 25 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 26 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 27 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 28 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 1 | justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 2 | F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Plaintiff will be given a chance to explain why the court should not dismiss the case for 4 | his failure to file a signed complaint. Plaintiffs failure to respond to this order will constitute a 5 | failure to comply with a court order and will result in a recommendation that this action be 6 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 7 | should not be dismissed for failure to prosecute and failure to comply with court orders. Should 8 | plaintiff wish to continue with this action, he must, within twenty-one days, file a signed 9 | complaint and either pay the $402 filing fee or submit a complete application for leave to proceed 10 | in forma pauperis. The Clerk of Court is directed to send to plaintiff a complaint form and the 11 | court’s form application for leave to proceed in forma pauperis. 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ March 7, 2023 q-—— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28