(PS) Sanders v. Behan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SASHUS JAMAL SANDERS, Case No. 2:22-cv-01287-DJC-JDP (PS) 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 WENDY BEHAN, et al., RESPONSE DUE WITHIN FOURTEEN 15 Defendants. DAYS 16 17 On January 12, 2023, the court screened plaintiff’s complaint, notified plaintiff that it 18 failed to state a claim, and gave him thirty days to file an amended complaint. ECF No. 3. To 19 date, plaintiff has not filed an amended complaint. 20 To manage its docket effectively, the court imposes deadlines on litigants and requires 21 litigants to meet those deadlines. The court may impose sanctions, including dismissing a case, 22 for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; 23 Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. 24 King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a 25 district court has a duty to administer justice expeditiously and avoid needless burden for the 26 parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 The court will give plaintiff an opportunity to explain why this case should not be 28 dismissed for failure to file an amended complaint. Plaintiff’s failure to respond to this order will 1 | constitute a failure to comply with a court order and will result in a recommendation that this 2 | action be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why 3 | this case should not be dismissed for failure to prosecute and failure to state a claim. Should 4 | plaintiff wish to continue with this lawsuit, he shall file, within fourteen days, an amended 5 | complaint. 6 7 IT IS SO ORDERED. Dated: _ April 5, 2023 q_———. 9 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28