United States District Court for the Eastern District of California, 2023

(PC) Flores v. Son

(PC) Flores v. Son
United States District Court for the Eastern District of California · Decided April 27, 2023
(PC) Flores v. Son

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ANGELO JOSEPH FLORES, Case No. 2:22-cv-02077-KJM-JDP (PC) 12 Plaintiff, 13 v. ORDER MONIVIRIN SON, et al., 15 Defendants.

17 On March 6, 2023, I screened plaintiff’s complaint and notified him that the claims could not proceed together in one action. ECF No. 9. I granted him thirty days to file an amended complaint or advisement indicating his intent to stand by his current complaint, subject to a recommendation that claims, or parties be dismissed. To date, plaintiff has not filed a response.

21 To manage its docket effectively, the court requires litigants to meet certain deadlines.

22 The court may impose sanctions, including dismissing a case, for failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 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 27 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

28 Plaintiff will be given a chance to explain why the court should not dismiss the case for | his failure to file an amended complaint or advisement of his intent to stand by his current | complaint. Plaintiffs failure to respond to this order will constitute a failure to comply with a | court order and will result in a recommendation that this action be dismissed. Accordingly, | plaintiff 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 plaintiff wish to continue | with this lawsuit, he shall file, within twenty-one days, an amended complaint or advisement of | his intent to stand by his current complaint.

9 IT IS SO ORDERED.

10 ( 1 Ow — Dated: _ April 27, 2023 q_———.

11 JEREMY D. PETERSON Db UNITED STATES MAGISTRATE JUDGE

Case-law data current through December 31, 2025. Source: CourtListener bulk data.