(PC) Rojas v. County of Sacramento ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, Case No. 2:22-cv-01244-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM 14 COUNTY OF SACRAMENTO, RESPONSE DUE WITHIN TWENTY-ONE 15 Defendant. DAYS 16 17 On July 25, 2022, I notified Mr. Rojas that he did not properly commence a civil action 18 because he submitted to the court an unsigned complaint. ECF No. 3. I granted him thirty days 19 to file a complaint and submit either the $402 filing fee or a complete application for leave to 20 proceed in forma pauperis. Id. To date, Mr. Rojas has not complied with that order. 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 Mr. Rojas will be given a chance to explain why the court should not dismiss the case for 1 | his failure to file an amended complaint and for his failure to either pay the filing fee or submit an 2 | application for leave to proceed in forma pauperis. Mr. Rojas’ failure to respond to this order 3 | will constitute a failure to comply with a court order and will result in a recommendation that this 4 | action be dismissed. Accordingly, Mr. Rojas is ordered to show cause within twenty-one days 5 | why this case should not be dismissed for failure to prosecute and failure to state a claim. Should 6 | Mr. Rojas wish to continue with this lawsuit, he shall file, within twenty-one days, an amended 7 | complaint and either pay the $402 filing fee or submit a complete application for leave to proceed 8 | in forma pauperis. The Clerk of Court is directed to send to Mr. Rojas the court’s form 9 | application for leave to proceed in forma pauperis. 10 Wl IT IS SO ORDERED. 12 ( ie — Dated: _ October 3, 2022 Q_—— 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28