Opinion
2:20-cv-01963-TLN-JDP (PS)
02-14-2023
MARK A. GRANT, Plaintiff, v. LUIS MARTINEZ, et al., Defendants.
ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO COMPLY WITH COURT ORDERS ECF No. 49
JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE
On January 11, 2023, the court issued an order setting an initial scheduling conference for February 16, 2023, and directed the parties to file status reports by no later than February 2, 2023. ECF No. 49. Defendants timely submitted a status report. Plaintiff, however, failed to file his own status report.
To manage its docket effectively, the court imposes deadlines on litigants and requires litigants to meet those deadlines. The court may dismiss a case based on plaintiff's failure to prosecute or failure to comply with its orders or local rules. See Fed.R.Civ.P. 41(b); 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.
The court will give plaintiff the opportunity to explain why sanctions should not be imposed for failure to file a status report. Plaintiff's failure to respond to this order will constitute another failure to comply with a court order and will result in a recommendation that this action be dismissed. Should plaintiff wish to continue with this lawsuit, he shall also file a status report as required by the court's January 11, 2023 order.
Accordingly, it is hereby ORDERED that:
1. The initial scheduling conference currently set for February 16, 2023, is continued to March 16, 2023.
2. By no later than March 2, 2023, plaintiff shall file a status report in accordance with the court's January 11, 2023 order. See ECF No. 49.
3. Plaintiff shall show cause, by no later than March 2, 2023, why sanctions should not be imposed for failure to comply with the court's January 11, 2023 order.
4. Failure to comply with this order may result in the imposition of sanctions, including a recommendation that this action be dismissed for lack of prosecution and for failure to comply with court orders.
IT IS SO ORDERED.