(PS) Davis v. Jacques ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARON DREVON DAVIS, Case No. 2:23-cv-01230-DAD-JDP (PS) 12 Plaintiff, ORDER 13 v. DENYING PLAINTIFF’S MOTION TO SERVE THE COMPLAINT AND SUMMONS 14 MICHAEL A. JACQUES, et al., AND DIRECTING PLAINTIFF TO FILE A RESPONSE TO THIS ORDER TO SHOW 15 Defendants. CAUSE AND AN AMENDED COMPLAINT 16 ECF No. 6 17 RESPONSE DUE WITHIN FOURTEEN DAYS 18 19 20 On October 24, 2023, I screened plaintiff’s complaint and notified him that it failed to 21 state a claim. ECF No. 8. I granted him thirty days either to file an amended complaint or notify 22 the court that he wishes to stand by his complaint, subject to a recommendation that it be 23 dismissed. To date, plaintiff has not filed an amended complaint.1 Plaintiff is directed to file, 24 within fourteen days, an amended complaint, and a response to the court’s order to show cause. 25 To manage its docket effectively, the court imposes deadlines on litigants and requires 26 27 1 The day before I issued my order screening plaintiff’s complaint, he filed a motion to serve the complaint and summons on defendants. ECF No. 9. As the complaint does not state a 28 claim, I will deny this motion at premature. 1 | litigants to meet those deadlines. The court may impose sanctions, including dismissing a case, 2 | for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; 3 | Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. 4 | King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a 5 | district court has a duty to administer justice expeditiously and avoid needless burden for the 6 | parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 7 The court will give plaintiff an opportunity to explain why this case should not be 8 | dismissed for failure to file an amended complaint. Plaintiffs failure to respond to this order will 9 | constitute a failure to comply with a court order and will result in a recommendation that this 10 | action be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why 11 | this case should not be dismissed for failure to prosecute and failure to comply with court orders. 12 | Should plaintiff wish to continue with this lawsuit, he shall file, within fourteen days, an amended 13 | complaint. 14 Accordingly, it is hereby ORDERED that: 15 1. Plaintiff's motion to serve the complaint and summons, ECF No. 9, is denied. 16 2. Plaintiff shall file, within fourteen days, both an amended complaint and a response to 17 | the court’s order to show cause. 18 3. Failure to comply with this order will result in a recommendation that this action be 19 || dismissed. 20 IT IS SO ORDERED. 22 ( q Sty - Dated: _ February 5, 2024 Q_-——— 23 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 25 26 27 28