(PC) Gutierrez v. San Joaquin County Jail ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TOBIAS GUTIERREZ ORNELAS, Case No. 2:22-cv-01435-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PAY THE FILING FEE, FAILURE TO PROSECUTE, AND FAILURE 14 SAN JOAQUIN COUNTY JAIL, TO COMPLY WITH COURT ORDERS 15 Defendant. RESPONSE DUE WITHIN TWENTY-ONE DAYS 16 17 18 On October 4, 2022, I ordered plaintiff to submit, within thirty days, either the $402 filing 19 fee or a complete application for leave to proceed in forma pauperis. ECF No. 6. To date, 20 plaintiff has not complied with that order. 21 To manage its docket effectively, the court requires litigants to meet certain deadlines. 22 The court may impose sanctions, including dismissal of a case, for failure to comply with court 23 orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council 24 v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 25 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 26 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 27 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 Plaintiff will be given a chance to explain why the court should not dismiss his case based 2 | on his failure to either pay the filing fee or submit a complete application for leave to proceed in 3 | forma pauperis. Plaintiffs failure to respond to this order will constitute another failure to 4 | comply with a court order and will result in a recommendation that this action be dismissed. 5 | Accordingly, plaintiff is ordered to show cause within twenty-one days why this case should not 6 | be dismissed for failure to pay the filing fee, failure to prosecute, and failure to comply with court 7 | orders. Should plaintiff wish to continue with this action, he must, within twenty-one days, either 8 | pay the $402 filing fee or submit a complete application for leave to proceed in forma pauperis. 9 | The Clerk of Court is directed to send to plaintiff the court’s form application for leave to proceed 10 | in forma pauperis. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ November 22, 2022 Q_—_—. 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28