(PC) Evans v. Lassiter ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GENE E. EVANS, Case No. 2:16-cv-01997-DAD-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 K. LASSITER, et al., 15 Defendants. 16 17 On May 11, 2023, defendants filed a motion to dismiss. ECF No. 84. To date, plaintiff 18 has not filed a response to defendants’ motion. 19 In cases where a party is incarcerated and proceeding without counsel, a responding party 20 is required to file an opposition or statement of non-opposition not more twenty-one days after the 21 date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a 22 statement of no opposition may be deemed a waiver of any opposition to the granting of the 23 motion and may result in the imposition of sanctions.” Id. 24 To manage its docket effectively, the court requires litigants to meet certain deadlines. 25 The court may impose sanctions, including dismissal of a case, for failure to comply with court 26 orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council 27 v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 28 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 1 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 2 | Galaza, 291 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 timely file an opposition or statement of non-opposition to defendants’ motion. 5 | Plaintiff's failure to respond to this order will constitute a failure to comply with a court order and 6 | will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to 7 | show cause within twenty-one days why this case should not be dismissed for failure to prosecute 8 | and for failure to comply with the court’s local rules. Should plaintiff wish to continue with this 9 | lawsuit, he shall, within twenty-one days, file an opposition or statement of non-opposition to 10 | defendants’ motion. 11 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ June 26, 2023 q-—— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28