(PC) Weston v. Dr. Joanna ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DE’ANDRE IVISON WESTON, 1:24-cv-00638-KES-HBK (PC) 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. SEPTEMBER 23, 2024 DEADLINE 14 DR. JOANNA, 15 Defendant. 16 17 Plaintiff De’Andre Ivison Weston initiated this action by filing a pro se civil rights 18 complaint under 42 U.S.C. § 1983 on May 30, 2024, while detained at the Lerdo Pre-Trial 19 Facility. (Doc. No. 1). On August 5, 2024, the Court deferred ruling on Plaintiff’s application to 20 proceed in forma pauperis because his application was incomplete. (Doc. No. 8). The Court then 21 directed Plaintiff to do one of the following within 21 days from receipt of the Order: (1) pay the 22 $405.00 case filing fee; or (2) file a complete application to proceed in forma pauperis (“IFP”), 23 by having an authorized correctional official complete the “Certificate” section of the application, 24 or by filing a copy of his prison trust account statement reflecting the 6 months of transactions 25 reflecting the filing of the Complaint. (Id.). As of the date of this order, Plaintiff has neither paid 26 the filing fee nor filed a complete IFP application. (See docket.) Without this information the 27 Court cannot determine whether Plaintiff can proceed IFP and/or whether is required to pay an 28 initial filing fee as requested by 28 U.S.C. § 1915 (b)(1). 1 Federal Rule of Civil Procedure 41(b) permits courts to involuntarily dismiss an action 2 | when a litigant fails to prosecute an action or fails to comply with a court order. See Fed. R. Civ. 3 | P.41(b); see Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889 (9th Cir. 2019) (citations 4 | omitted); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) 5 | (‘[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss 6 | under Rule 41(b) sua sponte, at least under certain circumstances.”). Local Rule 110 similarly 7 | permits courts to impose sanctions on a party who fails to comply with a court order. 8 It is Plaintiff's responsibility to obtain the required prison trust account information from 9 | correctional officials or to request that correctional officials to complete the certification in his 10 | IFP application. 11 Accordingly, it is hereby ORDERED: 12 1. On or before September 23, 2024, Plaintiff shall comply with the Court’s August 5, 13 2024 Order, or show cause why the Court should not recommend this case be 14 dismissed without prejudice for Plaintiffs failure to prosecute this action and/or his 15 failure to timely comply with the Court’s August 5, 2024 Order. 16 2. Plaintiffs failure to timely respond to this Order or seek an extension of time to 17 respond will result in the undersigned recommending the case be dismissed without 18 prejudice under Federal Rule of Civil Procedure 41 and Local Rule 110. 19 20 Dated: _ September 3, 2024 law ZA. hareh Zackte 21 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28