(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON ROBERT HODGE, 12 Plaintiff, 13 v. 14 TAYLOR, et al., 15 Case No. 2:19-cv-01956-DAD-JDP (PC) ORDER TO SHOW CAUSE RESPONSE DUE WITHIN TWENTY-ONE DAYS Defendants. 16 17 Plaintiff has been provided with numerous extensions of time to file a response to 18 defendants’ motion for summary judgment, yet he has failed to do so. See ECF Nos. 120, 122, 19 123, & 126. Out of an abundance of caution and in light of plaintiff’s pro se status, plaintiff will 20 be afforded a final opportunity to file an opposition or statement of defendants’ motion for 21 summary judgment, which was filed six months ago. See ECF No. 114. Should plaintiff fail to 22 comply with this order, I expect to recommend that this action be dismissed. See Fed. R. Civ. P. 23 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 24 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is 25 a harsh penalty, but a district court has a duty to administer justice expeditiously and avoid 26 needless burden for the parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); 27 Fed. R. Civ. P. 1. 28 I will give plaintiff a chance to explain why the court should not dismiss the case for his 1 1 failure to file an opposition or statement of non-opposition to defendants’ motion. Plaintiff’s 2 failure to respond to this order will constitute a failure to comply with a court order and will result 3 in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to show 4 cause within twenty-one days why this case should not be dismissed for failure to prosecute and 5 failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he shall 6 file, within twenty-one days, an opposition or statement of non-opposition to defendants’ motion. 7 8 IT IS SO ORDERED. 9 Dated: May 9, 2024 10 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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