(PC) Guy v. Bick ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLEN LEON GUY, Case No. 2:21-cv-00823-WBS-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 JOSEPH BICK, et al., 15 Defendants. 16 17 On January 26, 2023, defendant Harf filed a motion to compel discovery responses and a 18 motion to deem admissions admitted. ECF Nos. 47 & 48. Plaintiff has not filed a response.1 19 To manage its docket effectively, the court requires litigants to meet certain deadlines. 20 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 21 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 22 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 23 24 1 On March 24, 2023, plaintiff moved to extend the deadlines in the discovery and scheduling order by 120 days, ECF No. 49; defendants opposed, ECF No. 50. I granted that 25 request in part, extending the discovery deadline to May 26 and the dispositive motion deadline to July 28. ECF No. 51. In the same order, I reminded plaintiff that defendant Harf had filed two 26 discovery motions that required either his opposition or statement of non-opposition within 27 twenty-one days of service. Id. at 1. I warned him that failure to file an opposition or statement of non-opposition could result in waiver and may also be grounds for sanctions. Id. This order 28 constitutes plaintiff’s second warning. 1 | 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 2 || justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 3 | F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 Plaintiff will be given a chance to explain why the court should not dismiss the case for 5 | his failure to timely file an opposition or statement of non-opposition to defendant’s motions. 6 | Plaintiffs failure to respond to this order will constitute a failure to comply with a court order and 7 | will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to 8 || show cause within twenty-one days why this case should not be dismissed for failure to prosecute 9 | and failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he 10 | shall file, within twenty-one days, an opposition or statement of non-opposition to defendant’s 11 } motion. 12 3 IT IS SO ORDERED. 14 ( ie — Dated: _ May 12, 2023 q——— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28