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Tate v. Lomeli

United States District Court, Eastern District of California
Nov 7, 2022
2:22-cv-01012-DAD-JDP (PC) (E.D. Cal. Nov. 7, 2022)

Opinion

2:22-cv-01012-DAD-JDP (PC)

11-07-2022

DEREK TATE, Plaintiff, v. A. LOMELI, et al., Defendants.


ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM

RESPONSE DUE WITHIN TWENTY-ONE DAYS

JEREMY D. PETERSON, UNITED STATES MAGISTRATE JUDGE

On July 1, 2022, the court screened plaintiff's complaint, notified him that his claims were not cognizable, and gave him thirty days to file an amended complaint or advise the court if he wished to stand by his complaint. ECF No. 9. To date, plaintiff has not filed an amended complaint or notice of election to stand by his 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 1 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.

IT IS SO ORDERED. 2


Summaries of

Tate v. Lomeli

United States District Court, Eastern District of California
Nov 7, 2022
2:22-cv-01012-DAD-JDP (PC) (E.D. Cal. Nov. 7, 2022)
Case details for

Tate v. Lomeli

Case Details

Full title:DEREK TATE, Plaintiff, v. A. LOMELI, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 7, 2022

Citations

2:22-cv-01012-DAD-JDP (PC) (E.D. Cal. Nov. 7, 2022)