(PC) Perryman v. Warden ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID PERRYMAN, Case No. 2:21-cv-00421-KJM-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 WARDEN, RESPONSE DUE WITHIN TWENTY-ONE 15 Defendant. DAYS 16 17 On January 21, 2022, the court screened plaintiff’s first amended complaint, notified him 18 that it failed to state a claim, and gave him thirty days to file a second amended complaint. ECF 19 No. 20. The court subsequently granted plaintiff an extension until April 4, 2022, to file an 20 amended complaint. ECF No. 22. Despite that extension, plaintiff has not filed an amended 21 complaint. 22 To manage its docket effectively, the court imposes deadlines on litigants and requires 23 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 24 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 25 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 26 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 27 administer justice expeditiously and to avoid needless burden on the parties. See Pagtalunan v. 28 Galaza, 291 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: _ May 26, 2022 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