(PC) Hammler v. Cota et al

Filing 32

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 12 Plaintiff, 13 v. 14 E. COTA, et al., 15 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 DAYS Defendants. 16 17 On October 6, 2020, the court screened plaintiff’s second amended complaint and notified 18 plaintiff that the complaint impermissibly joined unrelated claims. ECF No. 29. Plaintiff was 19 granted thirty days to file an amended complaint. On December 4, 2020, plaintiff was granted a 20 thirty-day extension of time to file an amended complaint. ECF No. 31. To date, plaintiff has not 21 filed an amended complaint. 22 To manage its docket effectively, the court imposes deadlines and requires litigants to 23 meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court 24 may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon 25 Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among 26 our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, 27 at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court 28 1 1 has a duty to administer justice expeditiously and avoid needless burden for the parties. See 2 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 Plaintiff will be given an opportunity to explain why the court should not dismiss his case 4 for failure prosecute. Plaintiff’s failure to respond to this order will constitute a failure to 5 comply with a court order and will result in dismissal of this case. Accordingly, plaintiff must 6 show cause within twenty-one days of the date of entry of this order why the court should not 7 dismiss his case for failure to prosecute. Should plaintiff wish to continue with this lawsuit, he 8 shall also file, within twenty-one days, a third amended complaint. 9 10 IT IS SO ORDERED. 11 Dated: 12 13 February 17, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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