(PC) Hicks v. Russell

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA DARYL ANTHONY HICKS, Case No. 2:22-cv-0095-JDP (P) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE RUSSELL, 15 Defendant.

17 On April 7, 2025, defendant filed a motion for summary judgment. ECF No. 55. To date, 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. 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 25 1 On April 30, 2025, I denied plaintiff’s motion for the appointment of counsel, and I also noted in the order that plaintiff’s opposition or statement of non-opposition to defendant’s motion for summary judgment was due within twenty-one days of April 7, 2025. ECF No. 57 at 2. A little over a week later, on May 9, 2025, plaintiff’s address was updated pursuant to his filing in another action. Accordingly, I had the Clerk of Court re-serve the April 30 order on plaintiff at his new address.

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

2 I will give plaintiff a chance to explain why the court should not dismiss the case for his | failure to file an opposition or statement of non-opposition to defendant’s motion. Plaintiff's | failure to respond to this order will constitute a failure to comply with a court order and will result | in arecommendation 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 local rules. 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.

10 IT IS SO ORDERED. ll ( 4 ie — Dated: _ June 9, 2025 q-—— 12 JEREMY D. PETERSON B UNITED STATES MAGISTRATE JUDGE