(PC) Alvarez v. Redman ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BLACKIE FLORINCEO ALVAREZ Sr., Case No. 2:21-cv-01932-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM 14 GRAY REDMAN, et al., RESPONSE DUE WITHIN TWENTY-ONE 15 Defendants. DAYS 16 17 On May 10, 2022, I screened plaintiff’s complaint, notified him that it failed to state a 18 claim, and gave him thirty days to file an amended complaint. ECF No. 4. On June 15, 2022, I 19 granted plaintiff an additional thirty days to file an amended complaint. ECF No. 10. Plaintiff 20 had not filed an amended complaint by the deadline, and accordingly, on August 22, 2022, I 21 ordered him to show cause for why this case should not be dismissed for failure to prosecute and 22 failure to state a claim. ECF No. 13. In response, plaintiff filed another motion for an extension 23 of time to file an amended complaint. ECF No. 14. I granted plaintiff until September 27 to file 24 an amended complaint and to respond to the August 22 order to show cause. ECF No. 15. 25 Plaintiff responded to the August 22 order to show cause, but neither filed an amended complaint 26 nor indicated with sufficient clarity that he wished to stand by his current complaint. ECF 27 No. 16. Out of an abundance of caution, I granted him an opportunity to file an amended 28 complaint or to file a notice with the court indicating that he wished to stand by his current 1 | complaint, subject to dismissal. ECF No. 19. To date, plaintiff has not responded to that order. 2 To manage its docket effectively, the court requires litigants to meet certain deadlines. 3 | The court may impose sanctions, including dismissing a case, for failure to comply with its orders 4 | or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 5 | Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 6 | 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 7 || justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 8 | F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 9 Plaintiff will be given one final chance to explain why the court should not dismiss the 10 | case for his failure to file an amended complaint. Plaintiff's failure to respond to this order will 11 | constitute a failure to comply with a court order and will result in a recommendation that this 12 | action be dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why 13 | this case should not be dismissed for failure to prosecute and failure to state a claim. Should 14 | plaintiff wish to continue with this lawsuit, he shall file, within twenty-one days, an amended 15 | complaint. 16 7 IT IS SO ORDERED. 18 ( q oy — Dated: _ January 30, 2023 q——— 19 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28