(PC) Simmons v. Pompey
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)
Case 2:19-cv-02491-JDP Document 26 Filed 09/07/21 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
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
ECF No. 23
RESPONSE DUE WITHIN TWENTY-ONE
On July 7, 2021, defendant filed a motion for summary judgment. ECF No. 23. To date,
plaintiff has not filed a response.
In cases where a party is incarcerated and proceeding without counsel, a responding party
is required to file an opposition or statement of non-opposition not more twenty-one days after the
date the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a
statement of no opposition may be deemed a waiver of any opposition to the granting of the
motion and may result in the imposition of sanctions.” Id.
To manage its docket effectively, the court imposes deadlines on litigants and requires
litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute
or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres.
Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439,
Case 2:19-cv-02491-JDP Document 26 Filed 09/07/21 Page 2 of 2
1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district 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 a chance to explain why the court should not dismiss the case for
his failure to timely file an opposition or statement of non-opposition to defendant’s motion.
Plaintiff’s failure to respond to this order will constitute a failure to comply with a court order and
will result in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to
show cause within twenty-one 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 twenty-one days, file an opposition or statement of opposition to
IT IS SO ORDERED.
September 7, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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