(HC) Haapaniemi v. Ariza ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BJORN ERIK HAAPANIEMI, Case No. 1:23-cv-00635-SAB-HC 12 Petitioner, ORDER FOR PETITIONER TO SHOW CAUSE WHY PETITION SHOULD NOT BE 13 v. DISMISSED FOR FAILURE TO OBEY COURT ORDER AND PAY FILING FEE 14 ARIZA, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2241. 19 On July 25, 2023, this Court vacated Petitioner’s in forma pauperis status and ordered 20 that within thirty days of the date of service of the order, Petitioner was to pay the $5.00 filing 21 fee. (ECF No. 7.) To date, Petitioner has not paid the filing fee or otherwise informed the Court 22 that he continues to encounter difficulties at his institution with respect to effecting payment of 23 the filing fee. 24 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 25 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 26 sanctions authorized by statute or Rule or within the inherent power of the Court.” This includes 27 dismissal of an action for failure to comply with the Court’s orders. See Hells Canyon Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that 1 | courts may dismiss an action pursuant to Federal Rule of Civil Procedure 41(b) sua sponte for a 2 | plaintiff’s failure to prosecute or comply with the rules of civil procedure or the court’s orders). 3 Accordingly, Petitioner is ORDERED to SHOW CAUSE within TWENTY-ONE (21) 4 | days from the date of service of this order why the petition should not be dismissed for failure to 5 | pay the filing fee. 6 Petitioner is forewarned that failure to follow this order will result in a recommendation 7 | for dismissal of the petition pursuant to Federal Rule of Civil Procedure 41(b). 8 9 IT IS SO ORDERED. DAA (e_ 10 | Dated: _September 22, 2023 _ ef 4 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28