(PC) Ellis v. County of El Dorado ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER JON ELLIS, Case No. 2:22-cv-00823-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 COUNTY OF EL DORADO, et al., 15 Defendants. 16 17 On February 23, 2023, I screened plaintiff’s complaint and notified him that he may either 18 proceed only with his excessive force claim against defendant Litzius or delay service and file 19 another amended complaint. ECF No. 20. I granted him thirty days to comply. To date, plaintiff 20 has not filed a response. 21 To manage its docket effectively, the court requires litigants to meet certain deadlines. 22 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 23 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 24 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 25 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 26 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 27 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 Plaintiff will be given a chance to explain why the court should not dismiss the case for 1 | his failure to either notify that court that he wishes to proceed only with his excessive force claim 2 | or file an amended complaint. Plaintiff's failure to respond to this order will constitute a failure 3 | to comply with a court order and will result in a recommendation that this action be dismissed. 4 | Accordingly, plaintiff is ordered to show cause within twenty-one days why this case should not 5 | be dismissed for failure to prosecute and failure to comply with court orders. Should plaintiff 6 | wish to continue with this lawsuit, he shall file, within twenty-one days, either notify that court 7 | that he wishes to proceed only with his excessive force claim or file an amended complaint. 8 9 IT IS SO ORDERED. 10 ( 1 Ow — Dated: _ May 12, 2023 Q——— 11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28