(HC) Tellez v. Matteson ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELPIDIO D. TELLEZ, No. 2:23-cv-00904-TLN-JDP (HC) 12 Petitioner, 13 v. ORDER 14 GISELLE MATTESON, 15 Respondent. 16 On May 17, 2023, the court ordered petitioner to submit, within thirty days, either the $5 17 filing fee or an application for leave to proceed in forma pauperis. ECF No. 4. To date, 18 petitioner has done neither. 19 To manage its docket effectively, the court imposes deadlines on litigants and requires 20 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 21 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 22 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 23 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 24 has a duty to administer justice expeditiously and avoid needless burden for the parties. See 25 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 26 Petitioner will be given a chance to explain why the court should not dismiss the case for 27 his failure to either pay the filing fee or submit an application for leave to proceed in forma 28 1 | pauperis. Petitioner’s failure to respond to this order will constitute a failure to comply with a 2 | court order and will result in a recommendation that this action be dismissed. Accordingly, 3 | petitioner is ordered to show cause within twenty-one days why this case should not be dismissed 4 | for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders. 5 | Should petitioner wish to continue with this action, he shall, within twenty-one days, either pay 6 || the $5 filing fee or submit a complete application for leave to proceed in forma pauperis. The 7 | Clerk of Court is directed to send to petitioner the court’s form application for leave to proceed in 8 | forma pauperis. 9 10 IT IS SO ORDERED. ( ie - Dated: _ July 5, 2023 q-—— 12 JEREMY D. PETERSON B UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28