(PC) Muhammad v. CDCR

Filing 12

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 2/7/2024 ORDERING Plaintiff 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 file, within twenty-one days, an amended complaint. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KWESI MUHAMMAD,

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Case No. 2:23-cv-00756-JDP (PC)

Plaintiff,
v.

ORDER TO SHOW CAUSE

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,
Defendant.

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On December 13, 2023, I granted defendant’s motion to dismiss in part and ordered

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plaintiff to file an amended complaint within thirty days. ECF No. 11. To date, plaintiff has not

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filed an amended complaint.

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To manage its docket effectively, the court requires litigants to meet certain deadlines.

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The court may impose sanctions, including dismissing a case, for failure to comply with its orders

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or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S.

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Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir.

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1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer

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justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291

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F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

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I will give plaintiff a chance to explain why the court should not dismiss the case for his
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failure to file an amended complaint. Plaintiff’s failure to respond to this order will constitute a

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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 comply with court orders. Should

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plaintiff wish to continue with this lawsuit, he shall file, within twenty-one days, an amended

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complaint.

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IT IS SO ORDERED.

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Dated:

February 7, 2024

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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