(PC) Burton v. Fresno County Jail ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAJON BURTON, No. 1:24-cv-00394-SAB (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED 13 v. (ECF No. 3) 14 FRESNO COUNTY JAIL, et al., 15 Defendants. 16 17 Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983. 18 Plaintiff filed the instant action on April 3, 2024. On April 5, 2024, the Court ordered 19 Plaintiff to submit an application to proceed in forma pauperis or pay the $405.00 filing fee 20 within forty-five days. (ECF No. 3.) Plaintiff has failed to comply with the Court’s order and the 21 time to do so has passed. 22 In order to proceed with a civil action, plaintiff is required to either pay the filing fee or be 23 granted leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a); see also 24 Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Plaintiff has not paid the filing fee or 25 sought leave to proceed in forma pauperis in this action. By order dated April 5, 2024, Plaintiff 26 was directed either submit a completed in forma pauperis application or pay the filing fee. (ECF 27 No. 3.) Plaintiff was given forty-five days to comply with the court's order and was advised that 28 1 | failure to comply with the order would result in dismissal of the action. The forty-five days have 2 || passed, and Plaintiff has not moved to proceed in forma pauperis or paid the filing fee. 3 | Accordingly, Plaintiff shall be ordered to show cause why the action should not be dismissed for 4 | failure to prosecute and failure to comply with a court order. 5 Accordingly, it is HEREBY ORDERED that: 6 1. Within fourteen (14) days from the date of service of this order Plaintiff shall 7 show cause why the action should not be dismissed; and 8 2. Failure to comply with this order will result in a recommendation to dismiss this 9 action, without prejudice, for failure to prosecute and failure to comply with a 10 court order. 11 b IT IS SO ORDERED. DAM Le 13 | Dated: _May 30, 2024 __ ee 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28