(HC) Smith v. County of Riverside

Good Law
United States District Court, Eastern District of CaliforniaDecember 4, 20242:24-cv-00688California384 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK SMITH, Case No. 2:24-cv-0688-JDP (P) Petitioner, v. ORDER TO SHOW CAUSE COUNTY OF RIVERSIDE, Respondent. 16 On October 3, 2024, the court screened petitioner’s petition for writ of habeas corpus and notified petitioner that it failed to state a claim. The court granted petitioner thirty days to file an amended petition. ECF No. 5. To date, petitioner has not done so. To manage its docket effectively, the court imposes deadlines and requires litigants to meet those deadlines. The court may dismiss a case based on petitioner’s failure to prosecute or failure to comply with its orders or local rules. See Fed. R. Civ. P. 41; Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty,…

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