(PC) Hammler v. Cota et al
ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 2/17/2021 ORDERING Plaintiff to show cause within 21 days of the date of entry of this order why the court should not dismiss his case for failure to prosecute and ORDERING should Plaintiff wish to continue with this lawsuit, he shall also file a Third Amended Complaint within 21 days. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
E. COTA, et al.,
Case No. 2:19-cv-01423-JAM-JDP (PC)
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
RESPONSE DUE WITHIN TWENTY-ONE
On October 6, 2020, the court screened plaintiff’s second amended complaint and notified
plaintiff that the complaint impermissibly joined unrelated claims. ECF No. 29. Plaintiff was
granted thirty days to file an amended complaint. On December 4, 2020, plaintiff was granted a
thirty-day extension of time to file an amended complaint. ECF No. 31. To date, plaintiff has not
filed an amended complaint.
To manage its docket effectively, the court imposes deadlines and requires litigants to
meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court
may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon
Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among
our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte,
at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court
has a duty to administer justice expeditiously and avoid needless burden for the parties. See
Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.
Plaintiff will be given an opportunity to explain why the court should not dismiss his case
for failure prosecute. Plaintiff’s failure to respond to this order will constitute a failure to
comply with a court order and will result in dismissal of this case. Accordingly, plaintiff must
show cause within twenty-one days of the date of entry of this order why the court should not
dismiss his case for failure to prosecute. Should plaintiff wish to continue with this lawsuit, he
shall also file, within twenty-one days, a third amended complaint.
IT IS SO ORDERED.
February 17, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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