Alvarez v. Chavarria et al

Filing 32

Third ORDER to SHOW CAUSE Why Case Should Not be Dismissed for Failure to Prosecute, signed by Magistrate Judge Jeremy D. Peterson on 5/30/18. Show Cause Response due by 6/30/2018. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN CARLOS ALVAREZ,

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Plaintiff,

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v.

Case No. 1:16-cv-00067-LJO-JDP

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ALEX CHAVARRIA,

THIRD ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Defendant.

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(Doc. No. 29)

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Pro se plaintiff Juan Carlos Alvarez is a state prisoner incarcerated at the Sierra

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Conservation Center in Jamestown, California. In November 2016, he filed his first amended

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complaint under 42 U.S.C. § 1983, proceeding in forma pauperis. (Doc. No. 8.) Plaintiff has not

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responded the court’s order to show cause why the court should not dismiss his case for failure to

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prosecute. The court will give plaintiff one more chance to explain why his case should not be

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dismissed.

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Defendant Alex Chavarria filed a motion to dismiss and supporting memorandum on

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September 12, 2017. (Doc. Nos. 20, 21.) After plaintiff did not respond within the 30-day

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deadline, the court ordered him to show cause why his case should not be dismissed for failure to

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prosecute. (Doc. No. 23.) Plaintiff requested a 30-day extension on November 16, 2017, which

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the court granted. (Doc. Nos. 24, 25.) On April 5, 2018, the court denied defendant’s motion on

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the merits, but issued plaintiff a second show cause order for failure to prosecute, requiring a
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response within 30 days. (Doc. No. 29.) Although the clerk of court mailed the order on April 5,

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2018, the court has received no response from plaintiff.

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To manage its docket effectively, the court imposes deadlines on litigants and requires

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litigants to meet those deadlines. When a plaintiff repeatedly fails to comply with court-imposed

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deadlines, the court may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P.

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41; Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he

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consensus among our sister circuits, with which we agree, is that courts may dismiss under Rule

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41(b) sua sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty,

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but a district court has a duty to administer justice expeditiously and avoid needless burden for

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the parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.
Plaintiff has indicated that he has had difficulties preparing court submissions because he

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has been, for at least some time, confined to a segregation unit. (See Doc. Nos. 24, 27.)

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Although the court is sensitive to the challenges faced by the plaintiff, the court will require

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plaintiff to respond within the time periods specified by the court. The court will give plaintiff a

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final chance to explain why the court should not dismiss the case for his failure to prosecute.

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Plaintiff’s failure to respond to this order will constitute a failure to comply with a court order.

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Accordingly, plaintiff must show cause by June 30, 2018, why the court should not
dismiss his case for failure to prosecute.

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IT IS SO ORDERED.
Dated:

May 30, 2018

/s/

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Jeremy D. Peterson

UNITED STATES MAGISTRATE JUDGE

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