(SS)(PS) Butler v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

KEVIN MICHAEL BUTLER, Case No. 2:21-cv-01697-JDP (SS) Plaintiff, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR v. FAILURE TO PROSECUTE

COMMISSIONER OF SOCIAL RESPONSE DUE WITHIN 30 DAYS

SECURITY,

Defendant.

On September 22, 2021, the court denied plaintiff’s motion to proceed in forma pauperis without prejudice and directed plaintiff to refile. ECF No. 3. Plaintiff has not filed a new motion.

Accordingly, the court will order plaintiff to show cause why this case should not be dismissed for failure to prosecute. The court will also grant plaintiff another opportunity to file a new motion or pay the filing fee.

To manage its docket effectively, the court imposes deadlines on litigants and requires litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The court will give plaintiff a chance to explain why the court should not dismiss the case for plaintiffs failure to prosecute. Plaintiffs failure to respond to this order will constitute a failure to comply with a court order and will result in dismissal of this case.

Accordingly:

1. Plaintiff is ordered to show cause within 30 days why this case should not be dismissed for failure to prosecute.

2. Plaintiff is ordered to either pay the filing fee or file a new motion to proceed in forma pauperis within 30 days of the date of entry of this order.

IT IS SO ORDERED. ll ( ie — Dated: _ December 13, 2021 Q_——.

JEREMY D. PETERSON

UNITED STATES MAGISTRATE JUDGE