(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARON DREVON DAVIS,

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Plaintiff,
v.
MICHAEL A. JACQUES, et al.,

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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

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ECF No. 6

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RESPONSE DUE WITHIN FOURTEEN
DAYS

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On October 24, 2023, I screened plaintiff’s complaint and notified him that it failed to

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state a claim. ECF No. 8. I granted him thirty days either to file an amended complaint or notify

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the court that he wishes to stand by his complaint, subject to a recommendation that it be

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dismissed. To date, plaintiff has not filed an amended complaint.1 Plaintiff is directed to file,

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within fourteen days, an amended complaint, and a response to the court’s order to show cause.

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To manage its docket effectively, the court imposes deadlines on litigants and requires

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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.
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litigants to meet those deadlines. The court may impose sanctions, including dismissing a case,

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for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110;

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Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v.

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King, 856 F.2d 1439, 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a

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district court has a duty to administer justice expeditiously and avoid needless burden for the

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parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

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The court will give plaintiff an opportunity to explain why this case should not be

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dismissed for failure to file an amended complaint. Plaintiff’s failure to respond to this order will

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constitute a failure to comply with a court order and will result in a recommendation that this

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action be dismissed. Accordingly, plaintiff is ordered to show cause within fourteen days why

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this case should not be dismissed for failure to prosecute and failure to comply with court orders.

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Should plaintiff wish to continue with this lawsuit, he shall file, within fourteen days, an amended

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complaint.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s motion to serve the complaint and summons, ECF No. 9, is denied.

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2. Plaintiff shall file, within fourteen days, both an amended complaint and a response to

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the court’s order to show cause.

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3. Failure to comply with this order will result in a recommendation that this action be
dismissed.

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IT IS SO ORDERED.

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Dated:

February 5, 2024

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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