(PC) Schowachert v. Polley ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PAUL FRANK SCHOWACHERT, Case No. 1:21-cv-00927-HBK 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. FOURTEEN-DAY RESPONSE PERIOD 14 BILL POLLEY, Jail Commander; Tuolumne County Jail, 15 Defendant. 16 17 Plaintiff John Paul Frank Schowachert, a state prisoner, initiated this action by filing a pro 18 se civil rights complaint under 42 U.S.C. § 1983 on June 7, 2021. (Doc. No. 1). Plaintiff 19 concurrently moved to proceed in forma pauperis (“IFP”). (Doc. No. 2). The Court denied that 20 motion without prejudice on June 15, 2021 because Plaintiff’s application was incomplete and 21 unsigned. (Doc. No. 6). Plaintiff was provided 30 days to either re-submit a signed and 22 completed IFP application or pay the $402.00 filing fee. (Id. at 2). The Court cautioned that 23 failure to timely do so would result in this matter’s dismissal. (Id.). As of the date of this Order, 24 Plaintiff has neither paid the filing fee nor filed a new application to proceed in forma pauperis. 25 Federal Rule of Civil Procedure 41(b) permits courts to involuntarily dismiss an action 26 when a litigant fails to prosecute an action or fails to comply with a court order. See Fed. R. Civ. 27 P. 41(b); see Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889 (9th Cir. 2019) (citations 28 1 | omitted); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) 2 | (“[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss 3 | under Rule 41(b) sua sponte, at least under certain circumstances.”). Local Rule 110 similarly 4 | permits courts to impose sanctions on a party who fails to comply with a court order. 5 Accordingly, it is hereby ORDERED: 6 Within fourteen (14) days from receipt of this Order, Plaintiff shall comply with the 7 | Court’s previous June 15. 2021 Order, or show cause why the Court should not recommend that 8 | this case be dismissed without prejudice for Plaintiff's failure to prosecute this action and/or his 9 | failure to timely comply with the Court’s June 15, 2021 Order. 10 11 | Dated: _ July 29, 2021 Mihaw. Wh. foareh fackte HELENA M. BARCH-KUCHTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28