Case 2:20-cv-02216-RGK-AGR Document 58 Filed 05/16/22 Page 1 of 2 Page ID #:331

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION 11 EVERTON WHITELY, ) No. CV 20-2216-RGK (AGR) ) 12 Plaintiff, ) ) 13 v. ) ORDER TO SHOW CAUSE WHY THIS ) ACTION SHOULD NOT BE DISMISSED 14 CDCR, et al., ) WITHOUT PREJUDICE FOR FAILURE ) TO PROSECUTE 15 Defendants. ) ) 16 ) ) 17 18 For the reasons discussed below, the Court orders Plaintiff to show cause, if 19 there be any, in writing on or before June 10, 2022, why this action should not be 20 dismissed without prejudice for failure to prosecute and/or comply with a court order. 21 In this prisoner civil rights action, the court issued a scheduling order that 22 required each party to file a status report on or before February 15, 2022. (Dkt. No. 52.) 23 Plaintiff did not file a status report or request an extension of time to do so. 24 In addition, the court’s mail has been returned as undeliverable by the postal 25 service with a notation that Plaintiff has been paroled. (Dkt. No. 57.) Plaintiff has not 26 filed a notice of change of address. 27 28 Case 2:20-cv-02216-RGK-AGR Document 58 Filed 05/16/22 Page 2of2 Page ID #:332

1 It is well established that a district court has the authority to dismiss a plaintiff's 2|| action because of his failure to prosecute or comply with court orders. See Fed. R. Civ. 3|| P. 41(b); Link v. Wabash Railroad Co.,

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|| 2d 734 (1962) (court’s authority to dismiss for lack of prosecution is necessary to 5|| prevent undue delays in the disposition of pending cases and avoid congestion in 6|| district court calendars); Ferdik v. Bonzelet,

(9th Cir. 1992) (district 7] court may dismiss action for failure to comply with order of court); Carey v. King, 856 □□ F.2d 1439, 1440-41 (9th Cir. 1988) (district may dismiss action for failure to prosecute 9| after mail is returned by postal service as undeliverable). 10 Plaintiff advised that: “If mail directed by the Clerk to a pro se plaintiff's address 111 of record is returned undelivered by the Postal Service, and if, within fifteen (15) days of the service date, such plaintiff fails to notify, in writing, the Court and opposing parties of 13 | said plaintiff's current address, the Court may dismiss the action with or without prejudice for want of prosecution.” Local Rule 41-6. 15 Accordingly, IT IS ORDERED that, on or before June 10, 2022, Plaintiff shall 16 || show good cause, if there be any, in writing why this action should not be dismissed 17 || without prejudice for failure to prosecute and/or failure to comply with a court order. 18 If Plaintiff does not timely file a response to this Order to Show Cause or 19| otherwise respond to this Order to Show Cause on or before June 10, 2022, the 20| action is subject to dismissal without prejudice for plaintiff's failure to prosecute 21| and/or failure to comply with a court order. See Link v. Wabash R.R.,

, 22 629-30 (1962). Filing a status report and filing a notice of change of address by June 23 10, 2022 shall discharge this order to show cause. 24 25 ies Whe uu lw DATED: May 16, 2022 27 UNITED STATES MAGISTRATE JUDGE 28