(HC) Dorsey v. Unknown ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROMALES DORSEY, Jr., Case No. 2:22-cv-00731-TLN-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE PAY THE FILING, FAILURE TO PROSECUTE, AND FAILURE TO COMPLY 14 UNKNOWN, WITH COURT ORDERS 15 Respondent. ECF No. 3 16 RESPONSE DUE WITHIN TWENTY-ONE DAYS 17 18 On July 12, 2022, the court informed petitioner that he had not properly commenced a 19 civil action and granted him thirty days to file a petition for writ of habeas corpus and either the 20 $5 filing fee or an application for leave to proceed in forma pauperis. ECF No. 5. To date, 21 petitioner has not complied with that order. 22 To manage its docket effectively, the court imposes deadlines on litigants and requires 23 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 24 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 25 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 26 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 27 has a duty to administer justice expeditiously and avoid needless burden for the parties. See 28 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 Petitioner will be given a chance to explain why the court should not dismiss the case for 2 | his failure to either pay the filing fee or submit an application for leave to proceed in forma 3 | pauperis. Petitioner’s failure to respond to this order will constitute a failure to comply with a 4 | court order and will result in a recommendation that this action be dismissed. Accordingly, 5 || petitioner is ordered to show cause within twenty-one days why this case should not be dismissed 6 | for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders. 7 | Should petitioner wish to continue with this action, he shall, within twenty-one days, either pay 8 | the $5 filing fee or submit a complete application for leave to proceed in forma pauperis. The 9 | Clerk of Court is directed to send to petitioner the court’s form application for leave to proceed in 10 | forma pauperis. 11 IT IS SO ORDERED. 13 ( 1 ow — Dated: _ October 4, 2022 Q_—— 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28