(PC) Simmons v. Pompey

Filing 26

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 9/7/2021 ORDERING plaintiff to show cause, within 21 days, why this case should not be dismissed for failure to prosecute and for failure to comply with the court's local rules. Should plaintiff wish to continue with this lawsuit, he shall, within 21 days, file an opposition or statement of opposition to defendant's motion. (Yin, K)

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Case 2:19-cv-02491-JDP Document 26 Filed 09/07/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMIAH SIMMONS, 12 13 14 15 Plaintiff, v. Case No. 2:19-cv-02491-JDP (PC) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH LOCAL RULES G. POMPEY, ECF No. 23 Defendant. RESPONSE DUE WITHIN TWENTY-ONE DAYS 16 17 On July 7, 2021, defendant filed a motion for summary judgment. ECF No. 23. To date, 18 plaintiff has not filed a response. 19 In cases where a party is incarcerated and proceeding without counsel, a responding party 20 is required to file an opposition or statement of non-opposition not more twenty-one days after the 21 date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a 22 statement of no opposition may be deemed a waiver of any opposition to the granting of the 23 motion and may result in the imposition of sanctions.” Id. 24 To manage its docket effectively, the court imposes deadlines on litigants and requires 25 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 26 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 27 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 28 1 Case 2:19-cv-02491-JDP Document 26 Filed 09/07/21 Page 2 of 2 1 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 2 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 3 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 4 Plaintiff will be given a chance to explain why the court should not dismiss the case for 5 his failure to timely file an opposition or statement of non-opposition to defendant’s motion. 6 Plaintiff’s failure to respond to this order will constitute a failure to comply with a court order and 7 will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to 8 show cause within twenty-one days why this case should not be dismissed for failure to prosecute 9 and for failure to comply with the court’s local rules. Should plaintiff wish to continue with this 10 lawsuit, he shall, within twenty-one days, file an opposition or statement of opposition to 11 defendant’s motion. 12 13 IT IS SO ORDERED. 14 Dated: 15 16 September 7, 2021 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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