(HC) Spears v. El Dorado County Jail ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAUREN SPEARS, Case No. 2:21-cv-01769-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM 14 EL DORADO COUNTY JAIL, ECF No. 9 15 Respondent. RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 17 18 19 On March 9, 2022, I screened petitioner’s petition for writ of habeas corpus and notified 20 her that her claims, which concern the conditions of her confinement, must be brought in a 21 section 1983 action. ECF No. 9. I granted petitioner thirty days to file either an amended petition 22 or a section 1983 complaint. Id. To date, petitioner has filed neither an amended petition nor a 23 section 1983 complaint. 24 To manage its docket effectively, the court imposes deadlines and requires litigants to 25 meet those deadlines. The court may dismiss a case for petitioner’s failure to prosecute or failure 26 to comply with its orders or local rules. See Fed. R. Civ. P. 41; Hells Canyon Pres. Council v. 27 U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our sister circuits, 28 with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at least under 1 | certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a duty to 2 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 3 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 Petitioner will be given an opportunity to explain why the court should not dismiss his 5 | case for failure to file an amended petition. Petitioner’s failure to respond to this order will 6 | constitute a failure to comply with a court order and will result in dismissal of this case. 7 | Accordingly, petitioner must show cause within twenty-one days of the date of entry of this order 8 | why the court should not dismiss his case for failure to prosecute and for failure to state a claim. 9 | Should petitioner wish to continue with this lawsuit, she shall also file, within twenty-one days, 10 | either an amended petition for writ of habeas corpus or a section 1983 complaint. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ May 12, 2022 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28