(HC) Baker v. Superior Courts of California ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMAUL LEE BAKER, Case No. 2:24-cv-0476-JDP (P) 12 Petitioner, 13 v. ORDER TO SHOW CAUSE 14 SUPERIOR COURTS OF CALIFORNIA, et al., 15 Respondents. 16 17 On October 2, 2024, I granted petitioner thirty days to file an amended petition for a writ 18 of habeas corpus. ECF No. 14. To date, petitioner has not done so. 19 To manage its docket effectively, the court imposes deadlines and requires litigants to 20 meet those deadlines. The court may dismiss a case based on petitioner’s failure to prosecute or 21 failure to comply with its orders or local rules. See Fed. R. Civ. P. 41; Hells Canyon Pres. 22 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 23 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 24 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a 25 duty to administer justice expeditiously and avoid needless burden for the parties. See 26 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 27 Petitioner will be given an opportunity to explain why the court should not dismiss his 28 1 | case for failure to file an amended petition. Petitioner’s failure to respond to this order will 2 | constitute a failure to comply with a court order and will result in dismissal of this case. 3 | Accordingly, petitioner must show cause within twenty-one days of the date of entry of this order 4 | why the court should not dismiss his case for failure to state a claim, failure to prosecute, and 5 | failure to comply with a court order. Should petitioner wish to continue with this lawsuit, he shall 6 | also file, within twenty-one days, an amended petition for writ of habeas corpus. 7 g IT IS SO ORDERED. Dated: _ November 27, 2024 Q————. 10 JEREMY D. PETERSON i UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28