(PC) Garcia v. Kurgan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LUCIEN GARCIA, Case No. 2:22-cv-01068-TLN-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 KATHLEEN ALLISON, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On November 14, 2022, I screened plaintiff’s complaint and notified him that it alleged 18 cognizable excessive force and retaliation claims against defendant Kurgan. I notified him that its 19 other claims were not viable. ECF No. 19. I gave plaintiff thirty days either to file an amended 20 complaint or to advise the court if he wished to stand by his current complaint and proceed only 21 with his excessive force and retaliation claims against defendant Kurgan. Id. at 6. To date, 22 plaintiff has filed neither an amended complaint nor a notice of election to proceed on the 23 cognizable claims. 24 To manage its docket effectively, the court requires litigants to meet certain deadlines. 25 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 26 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 27 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 28 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 1 | justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 2 | 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 file an amended complaint or notice of election to proceed on the cognizable claims. 5 | Plaintiff's failure to respond to this order will constitute a failure to comply with a court order and 6 | will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to 7 | show cause within twenty-one days why this case should not be dismissed for failure to prosecute 8 | and failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he 9 | shall file, within twenty-one days, an amended complaint or advise if he wishes to proceed only 10 | with his excessive force and retaliation claims against defendant Kurgan. 11 IT IS SO ORDERED. 13 ( 1 ow — Dated: _ January 20, 2023 q-—— 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28