(PC) Morgan v. Brown et al

Filing 9

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 11/17/2020 ORDERING plaintiff must show cause, within 30 days, why the court should not dismiss his case for failure to state a claim and failure to prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARSENIO RUSSHON MORGAN,
Plaintiff,

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Case No. 2:20-cv-1433-JDP (PC)
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO STATE A CLAIM

v.
MICHAEL BROWN, et al.,
Defendants.

THIRTY-DAY DEADLINE

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Plaintiff Arsenio Morgan is a state prisoner proceeding without counsel in this action.

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On September 29, 2020, plaintiff’s complaint was dismissed pursuant to 28 U.S.C. § 1915A(a),

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and plaintiff was granted thirty days to file an amended complaint. See ECF No. 5. To date,

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plaintiff has not filed an amended complaint.

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To manage its docket effectively, the court imposes deadlines and requires litigants to

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meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court

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may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon

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Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among

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our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua

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sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the

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court has a duty to administer justice expeditiously and avoid needless burden for the parties.

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See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

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Plaintiff will be given an opportunity to explain why the court should not dismiss his

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case for failure to prosecute and failure to state a claim. Plaintiff’s failure to respond to this

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order will constitute a failure to comply with a court order and will result in dismissal of this

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case. Accordingly, plaintiff must show cause within thirty days of the date of entry of this

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order why the court should not dismiss his case for failure to state a claim and failure to

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prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first

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amended complaint.

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IT IS SO ORDERED.

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Dated:

November 17, 2020

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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