Opinion

(PC) Brown v. Sergent

Court
District Court, E.D. California
Filed
Jan 17, 2024
Cited by
0 cases
Authority
More cited than 18.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 SKYLER R. BROWN, Case No. 2:23-cv-01827-JDP (PC)

12 Plaintiff, ORDER TO SHOW CAUSE

13 v.

14 S. SERGENT,

15 Defendant.

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17 On November 2, 2023, I screened plaintiff’s complaint and notified her that only one of

18 her claims were cognizable. ECF No. 6. I granted her thirty days to file either an amended

19 complaint or an advisement indicating her intent to proceed only with the identified cognizable

20 claims. To date, plaintiff has not filed a response to the November 2, 2023 order.

21 To manage its docket effectively, the court requires litigants to meet certain deadlines.

22 The court may impose sanctions, including dismissing a case, for failure to comply with its orders

23 or local rules. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; Hells Canyon Pres. Council v. U.S.

24 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir.

25 1988). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer

26 justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291

27 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

28 Plaintiff will be given a chance to explain why the court should not dismiss the case for

1 | her failure to file either an amended complaint or advisement of her intent to proceed on the

2 | identified cognizable claims. Plaintiffs failure to respond to this order will constitute a failure to

3 | comply with a court order and will result in a recommendation that this action be dismissed.

4 | Accordingly, plaintiff is ordered to show cause within twenty-one days why this case should not

5 | be dismissed for failure to prosecute and failure to comply with court orders. Should plaintiff

6 | wish to continue with this lawsuit, she shall file, within twenty-one days, an amended complaint

7 | or advisement of her intent to proceed on the identified cognizable claims.

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9 IT IS SO ORDERED.

10 ( 1 Ow —

Dated: _ January 16, 2024 Q————.

11 JEREMY D. PETERSON

Db UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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