(PC) Quarles v. California State Prison Corcoran

Opinion

6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8

9 NIKKO JAVOR QUARLES, Case No. 1:19-cv-00109-AWI-JDP

10 Plaintiff, ORDER TO SHOW CAUSE WHY THIS 11 v. CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE 12 CALIFORNIA STATE PRISON TO COMPLY WITH A COURT ORDER CORCORAN, et al., 13 Defendants. THIRTY-DAY DEADLINE 14

15 Plaintiff Nikko Javor Quarles is a state prisoner proceeding without counsel in this civil 16 rights action brought under 42 U.S.C. § 1983. Plaintiff’s complaint was screened on July 17, 17 2019, and plaintiff was ordered to respond within thirty days. ECF No. 10. On August 15, 18 2019, plaintiff moved for a thirty-day extension, ECF No. 13, which we granted, ECF No. 14. 19 Plaintiff, however, has filed neither a response to the screening order nor a first amended 20 complaint. 21 To manage our docket effectively, we impose deadlines and require litigants to meet 22 those deadlines. When a plaintiff fails to comply with court-imposed deadlines, the court may 23 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 24 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 25 sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 26 least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has 27 a duty to administer justice expeditiously and avoid needless burden for the parties. See 1 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 2 We will give plaintiff the opportunity to explain why the court should not dismiss his 3 | case for failure to prosecute. Plaintiff's failure to respond to this order will constitute another 4 | failure to comply with a court order and will result in dismissal of this case. Accordingly, 5 | plaintiff must show cause within thirty days of the date of entry of this order why the court 6 | should not dismiss his case for failure to prosecute. 7 T IS SO ORDERED.

° : CN prssenn —_ ated: _ March 2, 2020 10 UNI STATES MAGISTRATE JUDGE 11 12 | No. 204. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28