(PC) Cross v. Sacramento Jail Medical ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFERY CROSS, Case No. 2:21-cv-02016-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 SACRAMENTO JAIL MEDICAL, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On September 1, 2022, the court screened plaintiff’s first amended complaint, notified 18 him that the claims were not sufficiently related to proceed in the same lawsuit, and gave him 19 thirty days to file an amended complaint or advise the court if he wished to stand by his current 20 complaint. ECF No. 10. To date, plaintiff has not filed either an amended complaint or a notice 21 of election to proceed on the current complaint. 22 To manage its docket effectively, the court requires litigants to meet certain deadlines. 23 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 24 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 25 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 26 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 27 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 28 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 1 Plaintiff will be given a chance to explain why the court should not dismiss the case for 2 | his failure to file an amended complaint. Plaintiffs failure to respond to this order will constitute 3 | a failure to comply with a court order and will result in a recommendation that this action be 4 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 5 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 6 | to continue with this lawsuit, he shall file, within twenty-one days, an amended complaint. 7 g IT IS SO ORDERED. Dated: _ November 1, 2022 Q_—_—. 10 JEREMY D. PETERSON i UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28