(PC) Guy v. Bick

Opinion

GLEN LEON GUY, Case No. 2:21-cv-00823-WBS-JDP (PC) Plaintiff, v. ORDER JOSEPH BICK, et al., Defendants. On January 26, 2023, defendant Harf filed a motion to compel discovery responses and a motion to deem admissions admitted. ECF Nos. 47 & 48. Plaintiff has not filed a response.1 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.

1 On March 24, 2023, plaintiff moved to extend the deadlines in the discovery and scheduling order by 120 days, ECF No. 49; defendants opposed, ECF No. 50. I granted that request in part, extending the discovery deadline to May 26 and the dispositive motion deadline to July 28. ECF No. 51. In the same order, I reminded plaintiff that defendant Harf had filed two discovery motions that required either his opposition or statement of non-opposition within twenty-one days of service. Id. at 1. I warned him that failure to file an opposition or statement of non-opposition could result in waiver and may also be grounds for sanctions. Id. This order constitutes plaintiff’s second warning. 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 timely file an opposition or statement of non-opposition to defendant’s motions. Plaintiffs 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 comply with court orders. 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. ( ie — Dated: _ May 12, 2023 q——— JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE