(PC) Allen v. Haris
Filing
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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 for failure to prosecute and failure to state a claim. Should plaintiff wish to continue with this lawsuit, he shall file, within 21 days, 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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TELLY ALLEN,
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Case No. 2:20-cv-02396-JDP (PC)
Plaintiff,
v.
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND FAILURE
TO STATE A CLAIM
HARIS,
Defendant.
RESPONSE DUE WITHIN TWENTY-ONE
DAYS
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On February 3, 2021, the court screened plaintiff’s complaint and notified plaintiff that the
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complaint failed to state a claim. ECF No. 7. Plaintiff was granted sixty days to file an amended
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complaint. Id. To date, plaintiff has not filed an amended complaint.
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To manage its docket effectively, the court imposes deadlines on litigants and requires
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litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute
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or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres.
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Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439,
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1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to
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administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v.
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Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.
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Plaintiff will be given a chance to explain why the court should not dismiss the case for
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his failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute
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a failure to comply with a court order and will result in a recommendation that this action be
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dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case
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should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish
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to continue with this lawsuit, he shall file, within twenty-one days, a first amended complaint.
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IT IS SO ORDERED.
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Dated:
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April 23, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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