(PC) Ellis v. County of El Dorado

Opinion

PETER JOHN ELLIS, Case No. 2:22-cv-00823-JDP (PC) Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR v. FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM COUNTY OF EL DORADO, et al., RESPONSE DUE WITHIN TWENTY-ONE Defendants. DAYS On October 11, 2022, I screened plaintiff’s complaint, notified him that it failed to state a claim, and gave him thirty days to file an amended complaint. ECF No. 14. To date, plaintiff has not filed an amended complaint. To manage its docket effectively, the court requires litigants to meet certain deadlines. 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. Plaintiff will be given a chance to explain why the court should not dismiss the case for his failure to file an amended complaint. 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. 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 state a claim. Should plaintiff wish to continue with this lawsuit, he shall file, within twenty-one days, an amended complaint.

Dated: _ December 21, 2022 Q_——. JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE