(HC) Roberson v. People of the State of CA ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARLON ROBERTSON, No. 2:22-cv-01557-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE PAY THE FILING FEE, FAILURE TO PROSECUTE, AND FAILURE TO 14 PEOPLE OF THE STATE OF COMPLY WITH COURT ORDERS CALIFORNIA, et al., 15 ECF No. 4 Respondents. 16 RESPONSE DUE WITHIN TWENTY-ONE DAYS 17 18 On October 19, 2022, the court ordered petitioner to submit, within thirty days, either the 19 $5 filing fee or an application for leave to proceed in forma pauperis.1 ECF No. 4. To date, 20 petitioner has not complied with that order. 21 To manage its docket effectively, the court imposes deadlines on litigants and requires 22 litigants to meet those deadlines. The court may dismiss a case for petitioner’s failure to 23 prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells 24 Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 25 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court 26 1 Although it appears from the file that petitioner’s copy of the order was returned, 27 petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 28 address of the party is fully effective. 1 | has a duty to administer justice expeditiously and avoid needless burden for the parties. See 2 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Petitioner will be given a chance to explain why the court should not dismiss the case for 4 | his failure to either pay the filing fee or submit an application for leave to proceed in forma 5 || pauperis. Petitioner’s failure to respond to this order will constitute a failure to comply with a 6 | court order and will result in a recommendation that this action be dismissed. Accordingly, 7 | petitioner is ordered to show cause within twenty-one days why this case should not be dismissed 8 | for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders. 9 | Should petitioner wish to continue with this action, he shall, within twenty-one days, either pay 10 | the $5 filing fee or submit a complete application for leave to proceed in forma pauperis. The 11 | Clerk of Court is directed to send to petitioner the court’s form application for leave to proceed in 12 | forma pauperis. 13 4 IT IS SO ORDERED. 15 ( 1 ow — Dated: _ December 1, 2022 Q_—_—. 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28