(HC) Dunigan v. Lundy

Filing 24

ORDER to SHOW CAUSE signed by Magistrate Judge Jeremy D. Peterson on 6/4/2024 DIRECTING Petitioner to Show Cause within 21 days why this action should not be dismissed for failure to file an Amended Petition. Amended Petition for Writ of Habeas Corpus due within 21 days. (Kyono, V)

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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 KEVIN W. DUNIGAN, 12 13 14 15 Petitioner, v. Case No. 2:23-cv-02699-JDP (HC) ORDER TO SHOW CAUSE RESPONSE DUE WITHIN TWENTY-ONE DAYS L. LUNDY, Respondent. 16 17 On April 11, 2024, I screened petitioner’s first amended petition for a writ of habeas 18 corpus and notified him that it failed to state a viable claim. ECF No. 23. I granted him thirty 19 days to file an amended petition. Id. To date, petitioner has not done so. 20 To manage its docket effectively, the court imposes deadlines and requires litigants to 21 meet those deadlines. The court may dismiss a case based on petitioner’s failure to prosecute or 22 failure to comply with its orders or local rules. See Fed. R. Civ. P. 41; Hells Canyon Pres. 23 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 24 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 25 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a 26 duty to administer justice expeditiously and avoid needless burden for the parties. See 27 Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 28 Petitioner will be given an opportunity to explain why the court should not dismiss his 1 1 case for failure to file an amended petition. Petitioner’s failure to respond to this order will 2 constitute a failure to comply with a court order and will result in dismissal of this case. 3 Accordingly, petitioner must show cause within twenty-one days of the date of entry of this order 4 why the court should not dismiss his case for failure to prosecute and for failure to comply with a 5 court order. Should petitioner wish to continue with this lawsuit, he shall also file, within twenty- 6 one days, an amended petition for writ of habeas corpus. 7 8 IT IS SO ORDERED. 9 Dated: June 4, 2024 10 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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