The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 FREDERICK BROWN, Case No. 2:21-cv-01271-JDP (PC)
12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED FOR
13 v. FAILURE TO PROSECUTE AND FAILURE
TO STATE A CLAIM
14 MARY PATTERSON, et al.,
RESPONSE DUE WITHIN TWENTY-ONE
15 Defendants. DAYS
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17 On April 27, 2022, the court screened plaintiff’s complaint, notified him that it failed to
18 state a claim, and gave him thirty days to file a second amended complaint. ECF No. 7. Plaintiff
19 has not filed an amended complaint.1
20 To manage its docket effectively, the court imposes deadlines on litigants and requires
21 litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute
22 or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41(b); Hells Canyon Pres.
23 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439,
24 1440-41 (9th Cir. 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to
25 administer justice expeditiously and to avoid needless burden on the parties. See Pagtalunan v.
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1 Although it appears from the file that plaintiff’s copy of the April 27, 2022 order was
27 returned, plaintiff was properly served. It is the plaintiff’s responsibility to keep the court
apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents
28 at the record address of a party is fully effective.
1 | Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.
2 Plaintiff will be given a chance to explain why the court should not dismiss the case for
3 | his failure to file an amended complaint. Plaintiff's failure to respond to this order will constitute
4 | a failure to comply with a court order and will result in a recommendation that this action be
5 | dismissed. Accordingly, plaintiff is ordered to show cause within twenty-one days why this case
6 | should not be dismissed for failure to prosecute and failure to state a claim. Should plaintiff wish
7 | to continue with this lawsuit, he shall file, within twenty-one days, an amended complaint.
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9 IT IS SO ORDERED.
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Dated: _ June 10, 2022
11 JEREMY D. PETERSON
Db UNITED STATES MAGISTRATE JUDGE
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