Dustin Thomas Myers v. People
Dustin Thomas Myers v. People
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DUSTIN THOMAS MYERS, Case No. 2:25-cv-2161-JDP (P) 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 PEOPLE, 15 Defendant. 16 17 18 On October 8, 2025, I ordered plaintiff to submit within thirty days either the required 19 filing fee or a complete application for leave to proceed in forma pauperis. ECF No. 9. To date, 20 plaintiff has not complied with that order.1 21 To manage its docket effectively, the court requires litigants to meet certain deadlines. 22 The court may impose sanctions, including dismissal of a case, for failure to comply with court 23 orders or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council 24 v. U.S. Forest Serv.,
403 F.3d 683, 689(9th Cir. 2005); Carey v. King,
856 F.2d 1439, 1440-41 25 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to 26
27 1 Although it appears from the file that plaintiff’s copy of the October 8, 2025 order was returned, plaintiff was properly served. Pursuant to Local Rule 182(f), service of documents at 28 the record address of the party is fully effective. 1 | administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. 2 | 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 his case based 4 | on his failure to either pay the filing fee or submit a complete application for leave to proceed in 5 | forma pauperis. Plaintiffs failure to respond to this order will constitute another failure to 6 | comply with a court order and will result in a recommendation that this action be dismissed. 7 | Accordingly, plaintiff is ordered to show cause within twenty-one days why this case should not 8 | be dismissed for failure to pay the filing fee, failure to prosecute, and failure to comply with court 9 | orders. Should plaintiff wish to continue with this action, he must, within twenty-one days, either 10 || pay the required filing fee or submit a complete application for leave to proceed in forma 11 || pauperis. The Clerk of Court is directed to send to plaintiff the court’s form application for leave 12 | to proceed in forma pauperis. 13 4 IT IS SO ORDERED.
Dated: _ December 4, 2025 qe 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE
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Reference
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