(HC)Franklin v. Pfeiffer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER FRANKLIN, Case No. 2:22-cv-00825-TLN-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH LOCAL RULES 14 UNKNOWN, ECF No. 25 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 19 On August 16, 2022, respondent filed a motion to dismiss. ECF No. 25. To date, 20 petitioner has not filed a response to the motion. 21 In cases in which a party is incarcerated and proceeding without counsel, a responding 22 party is required to file an opposition or statement of non-opposition not more than twenty-one 23 days after the date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to 24 file a statement of no opposition may be deemed a waiver of any opposition to the granting of the 25 motion and may result in the imposition of sanctions.” Id. 26 To manage its docket effectively, the court requires litigants to meet certain deadlines. 27 The court may impose sanctions, including dismissal of a case, for failure to comply with court 28 orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council 1 | v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 2 | (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 3 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan □□□ 4 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 5 Petitioner will be given a chance to explain why the court should not dismiss the case for 6 | his failure to timely file an opposition or statement of non-opposition to respondent’s motion. 7 | Petitioner’s failure to respond to this order will constitute a failure to comply with a court order 8 | and will result in a recommendation that this action be dismissed. Accordingly, petitioner is 9 | ordered to show cause within twenty-one days why this case should not be dismissed for failure 10 | to prosecute and failure to comply with the court’s local rules. Should petitioner wish to continue 11 | with this lawsuit, he shall, within twenty-one days, file an opposition or statement of non- 12 | opposition to respondent’s motion. 13 4 IT IS SO ORDERED. 15 ( 1 Ow — Dated: _ October 12, 2022 Q_—— 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28