(PC) Nitkin v. Radu et al

Filing 35

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 3/4/2025 ORDERING plaintiff to show cause within 21 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 21 days, an opposition or statement of non-opposition to defendant's motion. (Deputy Clerk RRB)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA THOMAS NITKIN,

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Plaintiff,

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v.

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D. RADU,

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Case No. 2:23-cv-1837-JDP (P)

ORDER TO SHOW CAUSE

Defendant.

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On January 8, 2025, defendant filed a motion to compel. ECF No. 34. To date, plaintiff
has not filed a response.

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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 opposition or statement of non-opposition to defendant’s motion. Plaintiff’s

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failure to respond to this order will constitute a failure to comply with a court order and will result
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in dismissal of this action. Accordingly, plaintiff is ordered to show cause within twenty-one

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days why this case should not be dismissed for failure to prosecute and failure to comply with

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court orders. Should plaintiff wish to continue with this lawsuit, he shall file, within twenty-one

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days, an opposition or statement of non-opposition to defendant’s motion.

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IT IS SO ORDERED.

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Dated:

March 4, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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