(HC) Spears v. El Dorado County Jail

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA LAUREN SPEARS, Case No. 2:21-cv-01769-JDP (HC) 12 Petitioner, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM EL DORADO COUNTY JAIL, ECF No. 9 15 Respondent.

RESPONSE DUE WITHIN TWENTY-ONE 16 DAYS 19 On March 9, 2022, I screened petitioner’s petition for writ of habeas corpus and notified her that her claims, which concern the conditions of her confinement, must be brought in a section 1983 action. ECF No. 9. I granted petitioner thirty days to file either an amended petition or a section 1983 complaint. Id. To date, petitioner has filed neither an amended petition nor a section 1983 complaint.

24 To manage its docket effectively, the court imposes deadlines 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; Hells Canyon Pres. 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 Pagtalunan v. | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

4 Petitioner will be given an opportunity to explain why the court should not dismiss his | case for failure to file an amended petition. Petitioner’s failure to respond to this order will | constitute a failure to comply with a court order and will result in dismissal of this case.

7 | Accordingly, petitioner must show cause within twenty-one days of the date of entry of this order | why the court should not dismiss his case for failure to prosecute and for failure to state a claim.

9 | Should petitioner wish to continue with this lawsuit, she shall also file, within twenty-one days, | either an amended petition for writ of habeas corpus or a section 1983 complaint.

IT IS SO ORDERED.

13 ( 1 Ow — Dated: _ May 12, 2022 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE