(PC) Hodge v. Taylor

• Court: District Court, E.D. California
• Decided: February 23, 2024
• Docket: 2:19-cv-01956
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON ROBERT HODGE, Case No. 2:19-cv-01956-DAD-JDP (PC) 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. RESPONSE DUE WITHIN TWENTY-ONE DAYS 14 TAYLOR, et al.,

15 Defendants. 16 17 On November 17, 2023, defendants filed a motion for summary judgment. ECF No. 114. 18 That same day, plaintiff filed a motion seeking additional time to submit his motion for summary 19 judgment. ECF No. 118. On November 27, 2023, I granted plaintiff thirty days to file his motion 20 for summary judgment. ECF No. 120. Approximately two weeks later, plaintiff filed a second 21 motion, this time seeking sixty days to file his motion for summary judgment. ECF 121. I 22 granted his motion but reminded plaintiff that his opposition or statement of non-opposition to 23 defendants’ motion for summary judgment was due December 11, 2023. ECF No. 122. To date, 24 plaintiff has neither filed a response to defendants’ motion nor filed a motion for summary 25 judgment. 26 To manage its docket effectively, the court requires litigants to meet certain deadlines. 27 The court may impose sanctions, including dismissing a case, for failure to comply with its orders 28 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S. 1 | Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 2 | 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer 3 || justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 4 | F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 5 I will give plaintiff a chance to explain why the court should not dismiss the case for his 6 | failure to file an opposition or statement of non-opposition to defendants’ motion. Plaintiff's 7 | failure to respond to this order will constitute a failure to comply with a court order and will result 8 | in arecommendation that this action be dismissed. Accordingly, plaintiff is ordered to show 9 | cause within twenty-one days why this case should not be dismissed for failure to prosecute and 10 | failure to comply with court orders. Should plaintiff wish to continue with this lawsuit, he shall 11 | file, within twenty-one days, an opposition or statement of non-opposition to defendants’ motion. 12 3 IT IS SO ORDERED. 14 ( 4 ie — Dated: _ February 23, 2024 Q_—_—. 15 JEREMY D. PETERSON 16 UNITED STATES MAGISTRATE JUDGE

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