(PC) Murillo v. District Attorney Office

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CIXTO CRUZ MURILLO, Case No. 2:22-cv-01920-JDP (PC) 12 Plaintiff, 13 v. ORDER DISTRICT ATTORNEY OFFICE, et al., 15 Defendant.

17 On July 13, 2023, I screened plaintiff’s amended complaint and notified him that his complaint did not state cognizable claims. ECF No. 21. 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 of dismissal. To date, plaintiff has not filed an amended complaint.

21 Plaintiff has, however, filed a response to the July 13 order, which states in part, “go ahead dismiss [the complaint.]” ECF No. 23 at 1.1 23 To manage its docket effectively, the court requires litigants to meet certain deadlines.

24 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. 27 1 If plaintiff does not want to pursue this action, he can voluntarily dismiss it without prejudice by filing a notice of dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1)(A).

1 | 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.

5 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, subject to dismissal. Plaintiff's 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.

9 | 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, subject to dismissal.

4 IT IS SO ORDERED.

15 ( 1 Ow — Dated: _ September 11, 2023 Q_—_—.

16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE