Shaun Darnell Garland v. D. S. Lewis

Filing 4

MINUTE ORDER TO SHOW CAUSE RE: NON-PAYMENT OF FILING FEE (IN CHAMBERS) by Magistrate Judge Oswald Parada. Plaintiff shall have until June 10, 2011, to submit a certified copy of his trust account for the last six months.( Response to Order to Show Cause due by 6/10/2011.) (mrgo)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-9010-UA (OP)

Title

Shaun Darnell Garland v. D.S. Lewis

Date

May 13, 2011

Oswald Parada, United States Magistrate Judge

Present: The
Honorable
Maynor Galvez
Deputy Clerk

N/A
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS: ORDER TO SHOW CAUSE RE: NON-PAYMENT
OF FILING FEE

On November 9, 2010, Shaun Darnell Garland. (“Plaintiff”) lodged with the Court for
filing a Civil Rights Complaint pursuant to 42 U.S.C. § 1983. However, Plaintiff failed
to pay the full filing fee of $350 and failed to submit an in forma pauperis application in
order to proceed without payment of the full filing fee.
Accordingly, on January 28, 2011, the Court issued an Order to Show Cause (“OSC”)
before February 28, 2011, why Plaintiff should not be required to submit the required
filing fee of $350. Alternatively, the Court allowed Plaintiff to submit the filing fee to
the clerk’s office prior to that date or submit an in forma pauperis application in order to
proceed without payment of the full filing fee. Finally, the Court admonished Plaintiff
that the “[f]ailure to properly respond to this order to show cause will result in dismissal
of this action without prejudice.”
On February 25, 2011, Plaintiff filed his response to the OSC. In his response, Plaintiff
has attached a copy of an in forma pauperis application dated November 10, 2010, along
with additional exhibits. However, the IFP application does not contain a certified copy
of Plaintiff’s prisoner trust account. As a result, the IFP application is deficient.
However, as stated in Plaintiff’s exhibit A, while the prison officials will not provide
Plaintiff with the certified copy of the trust account, they will forward it directly to the
Court. The Court will not accept Plaintiff’s IFP application submitted in the Eastern
District of California, as that application was filed in March of 2006, over five years ago.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-9010-UA (OP)

Title

Shaun Darnell Garland v. D.S. Lewis

Date

May 13, 2011

Accordingly, Plaintiff shall have until June 10, 2011, to submit a certified copy of his
trust account for the last six months.
Plaintiff is admonished that the failure to properly respond to this order will result in a
recommendation of dismissal of this action without prejudice.
The Clerk is directed to provide Plaintiff with a blank in forma pauperis application.
IT IS SO ORDERED.
cc: All Parties of Record
:
Initials of
Prepare

CV-90 (06/04)

CIVIL MINUTES - GENERAL

MG

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