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

(PC) Guy v. Bick

(PC) Guy v. Bick
United States District Court for the Eastern District of California · Decided May 12, 2023
(PC) Guy v. Bick

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA GLEN LEON GUY, Case No. 2:21-cv-00823-WBS-JDP (PC) 12 Plaintiff, 13 v. ORDER JOSEPH BICK, et al., 15 Defendants.

17 On January 26, 2023, defendant Harf filed a motion to compel discovery responses and a motion to deem admissions admitted. ECF Nos. 47 & 48. Plaintiff has not filed a response.1 19 To manage its docket effectively, the court requires litigants to meet certain deadlines.

20 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. 24 1 On March 24, 2023, plaintiff moved to extend the deadlines in the discovery and scheduling order by 120 days, ECF No. 49; defendants opposed, ECF No. 50. I granted that request in part, extending the discovery deadline to May 26 and the dispositive motion deadline to July 28. ECF No. 51. In the same order, I reminded plaintiff that defendant Harf had filed two discovery motions that required either his opposition or statement of non-opposition within twenty-one days of service. Id. at 1. I warned him that failure to file an opposition or statement of non-opposition could result in waiver and may also be grounds for sanctions. Id. This order constitutes plaintiff’s second warning.

1 | 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.

4 Plaintiff will be given a chance to explain why the court should not dismiss the case for | his failure to timely file an opposition or statement of non-opposition to defendant’s motions.

6 | 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 opposition or statement of non-opposition to defendant’s } motion.

3 IT IS SO ORDERED.

14 ( ie — Dated: _ May 12, 2023 q——— 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE

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