(PS) Davis v. Jacques et al

Filing 14

ORDER signed by Magistrate Judge Jeremy D. Peterson on 2/5/2024 DENYING 9 Motion to serve the complaint and summons. Plaintiff shall file, within 14 days, both an Amended Complaint and a Response to the court's order to show cause. (Woodson, A)

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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 EARON DREVON DAVIS, 12 13 14 Plaintiff, v. MICHAEL A. JACQUES, et al., 15 Defendants. Case No. 2:23-cv-01230-DAD-JDP (PS) ORDER DENYING PLAINTIFF’S MOTION TO SERVE THE COMPLAINT AND SUMMONS AND DIRECTING PLAINTIFF TO FILE A RESPONSE TO THIS ORDER TO SHOW CAUSE AND AN AMENDED COMPLAINT 16 ECF No. 6 17 RESPONSE DUE WITHIN FOURTEEN DAYS 18 19 20 On October 24, 2023, I screened plaintiff’s complaint and notified him that it failed to 21 state a claim. ECF No. 8. I granted him thirty days either to file an amended complaint or notify 22 the court that he wishes to stand by his complaint, subject to a recommendation that it be 23 dismissed. To date, plaintiff has not filed an amended complaint.1 Plaintiff is directed to file, 24 within fourteen days, an amended complaint, and a response to the court’s order to show cause. 25 To manage its docket effectively, the court imposes deadlines on litigants and requires 26 27 28 The day before I issued my order screening plaintiff’s complaint, he filed a motion to serve the complaint and summons on defendants. ECF No. 9. As the complaint does not state a claim, I will deny this motion at premature. 1 1 1 litigants to meet those deadlines. The court may impose sanctions, including dismissing a case, 2 for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; 3 Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. 4 King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a 5 district court has a duty to administer justice expeditiously and avoid needless burden for the 6 parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 7 The court will give plaintiff an opportunity to explain why this case should not be 8 dismissed for failure to file an amended complaint. Plaintiff’s failure to respond to this order will 9 constitute a failure to comply with a court order and will result in a recommendation that this 10 action be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why 11 this case should not be dismissed for failure to prosecute and failure to comply with court orders. 12 Should plaintiff wish to continue with this lawsuit, he shall file, within fourteen days, an amended 13 complaint. 14 Accordingly, it is hereby ORDERED that: 15 1. Plaintiff’s motion to serve the complaint and summons, ECF No. 9, is denied. 16 2. Plaintiff shall file, within fourteen days, both an amended complaint and a response to 17 the court’s order to show cause. 18 19 3. Failure to comply with this order will result in a recommendation that this action be dismissed. 20 21 IT IS SO ORDERED. 22 Dated: February 5, 2024 23 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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