(PC) Hicks v. Gosai et al
ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 4/23/21 ORDERING plaintiff is ordered to show cause within 21 days why this case should not be dismissed for failure to prosecute and failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he shall, within twenty-one days, either file an amended complaint or notify the court that he wishes to stand by the original compliant.(Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DARYL ANTHONY HICKS,
Case No. 2:20-cv-02303-JDP (PC)
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO COMPLY WITH COURT ORDERS
GOSAI, et al.,
RESPONSE DUE WITHIN TWENTY-ONE
On January 22, 2021, the court screened plaintiff’s complaint pursuant to 28 U.S.C.
§ 1918A. Plaintiff was notified that it contained unrelated claims that could not proceed in a
single lawsuit, and he was granted sixty days to either file an amended complaint or notify the
court that he wished to stand by his complaint.1 ECF No. 7. To date, plaintiff has not filed an
amended complaint, nor has he notified the court that he wishes to stand by his original
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
Plaintiff was notified that if he elected to stand by the original complaint, some
defendants could be dismissed so that the suit could proceed. ECF No. 7 at 3; see Fed. R. Civ. P.
21 (prohibiting dismissal of a suit for misjoinder of parties).
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,
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 either file an amended complaint or notify the court the he wishes to stand by the
original complaint. Plaintiff’s failure to respond to this order will constitute another 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 failure to comply with court orders. Should plaintiff
wish to continue with this lawsuit, he shall, within twenty-one days, either file an amended
complaint or notify the court that he wishes to stand by the original compliant.
IT IS SO ORDERED.
April 23, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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