(HC) Barton v. Gastelo

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM BARTON, Case No. 2:21-cv-01933-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT ORDERS JOSIE GASTELO, ECF No. 3 15 Respondent.

RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 18 On October 22, 2021, the court ordered petitioner to submit, within thirty days, either the $5 filing fee or an application for leave to proceed in forma pauperis. ECF No. 3. To date, petitioner has not complied with that order.

21 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 petitioner’s failure to prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 25 F.2d 1439, 1440-41 (9th Cir. 1988). 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.

1 Petitioner will be given a chance to explain why the court should not dismiss the case for | his failure to either pay the filing fee or submit an application for leave to proceed in forma | pauperis. Accordingly, petitioner is ordered to show cause within twenty-one days why this case | should not be dismissed for failure to prosecute and failure to comply with court orders. Should | petitioner wish to continue with this action, he shall, within twenty-one days, either pay the $5 | filing fee or submit a complete application for leave to proceed in forma pauperis. The Clerk of | Court is directed to send to petitioner the court’s form application for leave to proceed in forma | pauperis.

10 IT IS SO ORDERED. ll ( ie — Dated: _ December 27, 2021 Q_—_—.

12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE