(PC) Williams v. Sacramento County
Filing
6
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)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
FOR THE EASTERN DISTRICT OF CALIFORNIA
8
9
CHARLES WILLIAMS,
Plaintiff,
10
11
12
13
Case No. 2:20-cv-1513-JDP (PC)
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO STATE A CLAIM
v.
SACRAMENTO COUNTY,
Defendant.
THIRTY-DAY DEADLINE
14
15
16
Plaintiff is a former county jail inmate proceeding without counsel in this action. On
17
September 29, 2020, plaintiff’s complaint was dismissed pursuant to 28 U.S.C. § 1915(e)(2),
18
and plaintiff was granted thirty days to file an amended complaint. See ECF No. 4. To date,
19
plaintiff has not filed an amended complaint.
20
To manage its docket effectively, the court imposes deadlines and requires litigants to
21
meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court
22
may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon
23
Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among
24
our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua
25
sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the
26
court has a duty to administer justice expeditiously and avoid needless burden for the parties.
27
See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.
28
1
1
Plaintiff will be given an opportunity to explain why the court should not dismiss his
2
case for failure to prosecute and failure to state a claim. Plaintiff’s failure to respond to this
3
order will constitute a failure to comply with a court order and will result in dismissal of this
4
case. Accordingly, plaintiff must show cause within thirty days of the date of entry of this
5
order why the court should not dismiss his case for failure to state a claim and failure to
6
prosecute. Should plaintiff wish to continue with this lawsuit, plaintiff should also file a first
7
amended complaint.
8
9
IT IS SO ORDERED.
10
Dated:
November 17, 2020
11
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?