(PC) Hodge v. Rueter et al

Filing 127

ORDER signed by Magistrate Judge Jeremy D. Peterson on 05/09/2024 DIRECTING Plaintiff to SHOW CAUSE within 21 days why this cause should not be dismissed for failure to prosecute and failure to comply with court orders. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON ROBERT HODGE,

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Plaintiff,

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v.

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TAYLOR, et al.,

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Case No. 2:19-cv-01956-DAD-JDP (PC)
ORDER TO SHOW CAUSE
RESPONSE DUE WITHIN TWENTY-ONE
DAYS

Defendants.

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Plaintiff has been provided with numerous extensions of time to file a response to

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defendants’ motion for summary judgment, yet he has failed to do so. See ECF Nos. 120, 122,

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123, & 126. Out of an abundance of caution and in light of plaintiff’s pro se status, plaintiff will

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be afforded a final opportunity to file an opposition or statement of defendants’ motion for

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summary judgment, which was filed six months ago. See ECF No. 114. Should plaintiff fail to

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comply with this order, I expect to recommend that this action be dismissed. See Fed. R. Civ. P.

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41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689

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(9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is

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a harsh penalty, but a district court has a duty to administer justice expeditiously and avoid

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needless burden for the parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002);

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Fed. R. Civ. P. 1.

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I will give plaintiff a chance to explain why the court should not dismiss the case for his
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failure to file an opposition or statement of non-opposition to defendants’ motion. Plaintiff’s

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failure to respond to this order will constitute a failure to comply with a court order and will result

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in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to show

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cause within twenty-one days why this case should not be dismissed for failure to prosecute and

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failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he shall

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file, within twenty-one days, an opposition or statement of non-opposition to defendants’ motion.

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IT IS SO ORDERED.

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Dated:

May 9, 2024

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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