(PC) Clark v. Saipher et al

Filing 41

ORDER signed by Magistrate Judge Jeremy D. Peterson on 07/08/2024 DIRECTING Plaintiff to SHOW CAUSE within 21 days of the date of this order, 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 file, within 21 days, an Opposition or Statement of Non-Opposition to 39 Defendants' Motion For Summary Judgment. (Nair, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER K. CLARK, 12 13 14 15 Plaintiff, v. Case No. 2:21-cv-01326-DAD-JDP (PC) ORDER TO SHOW CAUSE RESPONSE DUE WITHIN TWENTY-ONE DAYS MARSHALL SAIPHER, et al., Defendants. 16 17 18 19 On May 21, 2024, defendants filed a motion to for summary judgment. ECF No. 39. To date, plaintiff has not filed a response. To manage its docket effectively, the court requires litigants to meet certain deadlines. 20 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 21 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 22 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 23 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 24 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 25 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 26 I will give plaintiff a chance to explain why the court should not dismiss the case for his 27 failure to file an opposition or statement of non-opposition to defendants’ motion. Plaintiff’s 28 failure to respond to this order will constitute a failure to comply with a court order and will result 1 1 in a recommendation that this action be dismissed. Accordingly, plaintiff is ordered to show 2 cause within twenty-one days why this case should not be dismissed for failure to prosecute and 3 failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he shall 4 file, within twenty-one days, an opposition or statement of non-opposition to defendants’ motion. 5 6 IT IS SO ORDERED. 7 8 Dated: July 8, 2024 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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