(PC) Sealy v. Avila ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD SEALY, Case No. 2:19-cv-01205-JAM-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS 14 AVILA, et al., ECF Nos. 41, 44, & 45 15 Defendants. RESPONSE DUE WITHIN FOURTEEN 16 DAYS 17 18 Plaintiff previously filed a motion to modify the scheduling order, ECF No. 40, and, 19 shortly thereafter, defendants filed motions for summary judgment, ECF Nos. 41 & 44. On June 20 7, 2022, I denied plaintiff’s motion to modify the scheduling order and directed him to file, by no 21 later than June 28, 2022, either an opposition or a statement of non-opposition to defendants’ 22 motions. ECF No. 45. To date, plaintiff has not complied with that order. 23 To manage its docket effectively, the court imposes deadlines on litigants and requires 24 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 25 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 26 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 27 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 28 1 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 2 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Plaintiff will be given a chance to explain why the court should not dismiss the case for 4 | his failure to timely file an opposition or statement of non-opposition to defendants’ motions. 5 | Plaintiffs failure to respond to this order will constitute another failure to comply with a court 6 | order and will result in a recommendation that this action be dismissed. Accordingly, plaintiff is 7 | ordered to show cause within fourteen days why this case should not be dismissed for failure to 8 || prosecute and for failure to comply with court orders. Should plaintiff wish to continue with this 9 | lawsuit, he shall, within fourteen days, file an opposition or statement of opposition to 10 || defendants’ motions. 11 IT IS SO ORDERED. 13 ( 1 ow — Dated: _ July 8, 2022 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28