1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOE FIERRO, No. 1:24-cv-01413 KES GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY THIS MATTER SHOULD NOT 13 v. BE DISMISSED FOR FAILURE TO PROSECUTE AND FOR FAILURE TO OBEY 14 J. RUIZ, et al., A COURT ORDER 15 Defendants. (ECF No. 12) 16 PLAINTIFF’S SHOWING OF CAUSE OR, IN THE ALTERNATIVE, THE FILING OF HIS 17 FIRST AMENDED COMPLAINT DUE IN TWENTY-ONE DAYS 18

19 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 20 rights action seeking relief under

. The matter was referred to a United States 21 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 22 For the reasons stated below, Plaintiff will be ordered to show cause why this matter 23 should not be dismissed for failure to prosecute and for failure to obey a court order. As an 24 alternative to filing the showing of cause, Plaintiff may file a first amended complaint. Plaintiff 25 will be given twenty-one days to take either course of action. 26 I. RELEVANT PROCEDURAL HISTORY 27 On November 19, 2024, Plaintiff’s complaint and his application to proceed in forma 28 1 pauperis were docketed. ECF Nos. 1, 2. Shortly thereafter, Plaintiff’s application to proceed in 2 forma pauperis was granted. 3 Thereafter, on December 12, 2024, and on December 19, 2024, Plaintiff’s motion for 4 leave to file a correction to page one of the complaint, and his motion for leave to file an amended 5 complaint were docketed. See ECF Nos. 10, 11 (respectively). On December 23, 2024, the Court 6 granted Plaintiff’s motion for leave to amend, but denied Plaintiff’s motion for leave to file a 7 correction of page one of his complaint. ECF No. 12. Consistent with that order, Plaintiff was 8 given thirty days to file an amended complaint.

. 9 More than thirty days have passed and Plaintiff has not filed an amended complaint, nor 10 has he filed a request for an extension of time to do so. He has not responded to the Court’s order 11 in any way. 12 II. DISCUSSION 13 Both the Court and the public have an interest in the disposal of cases in an expedient 14 manner. See generally Hernandez v. City of El Monte,

(9th Cir. 1998) 15 (presuming public has interest in expeditious litigation). Plaintiff’s failure to file an amended 16 complaint as ordered has stalled this process, and it warrants the Court issuing an order directing 17 him to show cause why this matter should not be dismissed for failure to prosecute and for failure 18 to obey a court order. He will be given twenty-one days to do so. As an alternative to Plaintiff 19 filing a showing of cause, within the same twenty-one-day period, Plaintiff may instead file the 20 first amended complaint as he was previously ordered to do. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. The Clerk of Court shall send Plaintiff a copy of the Court’s Civil Rights Complaint 23 By a Prisoner form; 24 2. Within twenty-one days from the date of this order, Plaintiff shall SHOW CAUSE 25 why this matter should not be dismissed for failure to prosecute and for failure to obey a court 26 order, or 27 3. As an alternative to filing the showing of cause, Plaintiff may instead file an amended 28 1 complaint.1 2 Plaintiff is cautioned that failure to comply with this order within the time allotted 3 may result in a recommendation that this matter be dismissed. 4 5 IT IS SO ORDERED. 6

7 Dated: February 6, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8

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27 1 As Plaintiff is well aware, at any time during these proceedings, he may also voluntarily dismiss this matter. Additionally, should Plaintiff choose not to amend the complaint, the Court 28 will presume that Plaintiff would like to stand on his last, properly filed complaint.