Stratford v. Brazelton, et al.

Filing 21

ORDER to SHOW CAUSE Why This Case Should Not be Dismissed for Failure to Prosecute and Failure to Comply with a Court Order signed by Magistrate Judge Jeremy D. Peterson on 3/19/2020. Show Cause Response due within 30 days. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC STRATFORD,
Plaintiff,

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Case No. 1:17-cv-00766-JDP
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO COMPLY WITH A COURT ORDER

v.
PAUL D. BRAZELTON, et al.,
Defendants.

THIRTY-DAY DEADLINE

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Plaintiff Eric Stratford is a former state prisoner proceeding without counsel in this civil

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rights action brought under 42 U.S.C. § 1983. Plaintiff’s complaint was screened on October

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15, 2019, and plaintiff was ordered to respond within thirty days. ECF No. 20. Plaintiff,

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however, has filed neither a response to the screening order nor a first amended complaint.

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To manage our docket effectively, we impose deadlines and require litigants to meet

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those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may

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dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres.

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Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our

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sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at

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least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has

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a duty to administer justice expeditiously and avoid needless burden for the parties. See

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Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

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We will give plaintiff the opportunity to explain why the court should not dismiss his

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case for failure to prosecute. Plaintiff’s failure to respond to this order will constitute another

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failure to comply with a court order and will result in dismissal of this case. Accordingly,

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plaintiff must show cause within thirty days of the date of entry of this order why the court

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should not dismiss his case for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

March 19, 2020

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UNITED STATES MAGISTRATE JUDGE

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No. 205.

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