(PC) Evans v. Milam

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RICHARD A. EVANS, Case No. 1:20-cv-00070-AWI-JDP 10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, FAILURE TO R. MILAM, et al., STATE A CLAIM, AND FAILURE TO 13 Defendants. COMPLY WITH A COURT ORDER 14 FORTY-FIVE DAY DEADLINE 16 Plaintiff Richard Evans is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff’s complaint was screened on April 6, 2020, and plaintiff was ordered to file a first amended complaint within sixty days. See ECF No. 15.

19 However, while plaintiff has filed numerous assorted materials, see ECF Nos. 16-25, he is yet to file a first amended complaint.

21 To manage our docket effectively, we impose deadlines and require litigants to meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres.

24 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a duty to administer justice expeditiously and avoid needless burden for the parties. See wOoOe UV EEN VERA MVOC OPO ee OY Oe | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

2 We will give plaintiff the opportunity to explain why the court should not dismiss his | case for failure to prosecute and failure to state a claim. The court observes that one of | plaintiff's numerous “notices” mentions a need for more time, see ECF No. 21, but that notice | appears to have been filed in numerous cases simultaneously and is concerned with needing | more time for an appeal issue; it does not refer to the first amended complaint at issue here.

7 Plaintiffs failure to respond to this order will constitute another failure to comply with a | court order and will result in dismissal of this case. Accordingly, plaintiff must show cause | within forty-five days of the date of entry of this order why the court should not dismiss his | case for failure to state a claim and failure to prosecute. b T IS SO ORDERED.

13 ( Waban ated: _ June 15, 2020 14 UNI STATES MAGISTRATE JUDGE | No. 205.