(PC) Burton v. Burton et al

Filing 10

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 4/23/2021 ORDERING plaintiff to show cause within 21 days why this case should not be dismissed. Should plaintiff wish to continue with this lawsuit, he shall file, within 21 days, a first amended complaint. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY ALLEN BURTON, 12 13 14 15 Plaintiff, v. Case No. 2:20-cv-02395-JDP (PC) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM ROBERT BURTON, et al., Defendants. RESPONSE DUE WITHIN TWENTY-ONE DAYS 16 17 18 On February 2, 2021, the court screened plaintiff’s complaint and notified plaintiff that it 19 failed to state a claim. ECF No. 7. Plaintiff was granted sixty days to file an amended complaint. 20 Id. To date, plaintiff has not filed an amended complaint. 21 To manage its docket effectively, the court imposes deadlines on litigants and requires 22 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute 23 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. 24 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 25 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 26 administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 27 Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 1 1 Plaintiff will be given a chance to explain why the court should not dismiss the case for 2 his failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute 3 a failure to comply with a court order and will result in a recommendation that this action be 4 dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case 5 should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish 6 to continue with this lawsuit, he shall file, within twenty-one days, a first amended complaint. 7 8 IT IS SO ORDERED. 9 Dated: 10 11 April 23, 2021 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?