Warden

(HC) Morales-Ramirez v. Warden

Good Law
United States District Court, Eastern District of CaliforniaApril 4, 20242:23-cv-01575California363 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIEGO MORALES-RAMIREZ, Case No. 2:23-cv-01575-JDP (HC) Petitioner, ORDER v. TO SHOW CAUSE FOR PETITIONER’S

FAILURE TO PROSECUTE

WARDEN,

RESPONSE DUE WITHIN TWENTY-ONE

Respondent. DAYS 16 On February 6, 2024, respondent filed a motion to dismiss. ECF No. 8. To date, petitioner has not filed an opposition or statement of non-opposition. To manage its docket effectively, the court imposes deadlines and requires litigants to meet those deadlines. The court may dismiss a case for 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, but the court has a duty to 25 …

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