(PS) Legardy v. Taco Bell ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLETCHER LEGARDY, Case No. 2:23-cv-01332-DJC-JDP (PS) 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. RESPONSE DUE WITHIN FOURTEEN DAYS 14 TACO BELL, 15 Defendant. 16 17 On January 9, 2024, I screened plaintiff’s complaint and notified him that it failed to state 18 a claim. ECF No. 3. I granted him thirty days to file an amended complaint. To date, plaintiff 19 has not filed an amended complaint.1 20 To manage its docket effectively, the court imposes deadlines on litigants and requires 21 litigants to meet those deadlines. The court may impose sanctions, including dismissing a case, 22 for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; 23 Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. 24 King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a 25 district court has a duty to administer justice expeditiously and avoid needless burden for the 26 1 On February 1, 2024, plaintiff filed a one-page declaration. ECF No. 4. This declaration 27 does not appear to be an amended complaint, and plaintiff did not indicate that he wished it to be considered as such. If plaintiff intends this filing, or any other, to be considered his amended 28 complaint, he must title the document “First Amended Complaint.” 1 || parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 2 The court will give plaintiff an opportunity to explain why this case should not be 3 || dismissed for failure to file an amended complaint. Plaintiff's failure to respond to this order will 4 || constitute a failure to comply with a court order and will result in a recommendation that this 5 || action be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why 6 || this case should not be dismissed for failure to prosecute and failure to state a claim. Should 7 | plaintiff wish to continue with this lawsuit, he shall file, within fourteen days, an amended 8 | complaint. 9 10 IT IS SO ORDERED. 11 ( 1 SY. Dated: _ February 23, 2024 \E ee 12 JEREMY D. PETERSON 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28