(PC) Boston v. John Doe I ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVIE LEE BOSTON, Case No. 2:22-cv-00655-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 JOHN DOE, et al., TO COMPLY WITH A COURT ORDER 15 Defendants. RESPONSE DUE WITHIN TWENTY-ONE DAYS 16 17 On April 22, 2022, the court ordered that plaintiff to submit, within thirty days, either the 18 $402 filing fee or an application to proceed in forma pauperis. ECF No. 7. To date, plaintiff has 19 not complied with that order. 20 To manage its docket effectively, the court imposes deadlines on litigants and requires 21 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 22 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 23 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 24 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 25 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 26 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 Plaintiff will be given a chance to explain why the court should not dismiss the case for 28 his failure to either pay the filing fee or submit an application for leave to proceed in forma 1 | pauperis. Plaintiff's failure to respond to this order will constitute another failure to comply with 2 | acourt order and will result in a recommendation that this action be dismissed. Accordingly, 3 | plaintiff is ordered to show cause within twenty-one days why this case should not be dismissed 4 | for failure to pay the filing fee, failure to prosecute, failure to comply with court orders. Should 5 | plaintiff wish to continue with this action, he shall, within twenty-one days, either pay the $402 6 | filing fee or submit a complete application for leave to proceed in forma pauperis. The Clerk of 7 | Court is directed to send to plaintiff the court’s form application for leave to proceed in forma 8 | pauperis. 9 10 IT IS SO ORDERED. ( ie - Dated: _ May 31, 2022 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28