(PC) Tate v. Lomeli ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEREK TATE, Case No. 2:22-cv-01012-DAD-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 A. LOMELI, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On July 1, 2022, the court screened plaintiff’s complaint, notified him that his claims were 18 not cognizable, and gave him thirty days to file an amended complaint or advise the court if he 19 wished to stand by his complaint. ECF No. 9. To date, plaintiff has not filed an amended 20 complaint or notice of election to stand by his complaint. 21 To manage its docket effectively, the court requires litigants to meet certain deadlines. 22 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 23 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 24 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 25 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 26 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 27 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 Plaintiff will be given a chance to explain why the court should not dismiss the case for 1 | his failure to file an amended complaint. Plaintiffs failure to respond to this order will constitute 2 | failure to comply with a court order and will result in a recommendation that this action be 3 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 4 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 5 | to continue with this lawsuit, he shall file, within twenty-one days, an amended complaint. 6 7 IT IS SO ORDERED. Dated: _ November 7, 2022 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