(PC) Rodriguez v. Covello

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN MICHAEL RODRIGUEZ, Case No. 2:22-cv-00602-JDP (PC) 12 Plaintiff, 13 v. ORDER PATRICK COVELLO, et al., 15 Defendants.

17 On December 5, 2022, I screened plaintiff’s amended complaint and notified him that, while some of his claims were cognizable, not all of his claims could proceed in the same action.

19 ECF No. 18. I granted him thirty days to file an amended complaint or an advisement indicating his intent to stand by his current complaint, subject to a recommendation that claims and parties be dismissed. On March 7, 2023, I granted plaintiff’s motion for an extension of time by thirty days to file an amended complaint. ECF No. 20. To date, plaintiff has not filed a response to the December 5 order.

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

25 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 | F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

3 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.

IT IS SO ORDERED.

13 ( 1 ow — Dated: _ July 9, 2023 q-—— 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE