Andres Medina v. Debbie Asuncion et al

Filing 6

ORDER TO SHOW CAUSE AS TO WHY THIS ACTION SHOULD NOT BE DISMISSED by Magistrate Judge Alexander F. MacKinnon. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE as to why this action should not be dismissed. To avoid dismissal, Plaintiff must, within fourteen (14) days: (1) submit an exact copy of his complaint to designated CSPLAC staff for scanning and emailing to the Court, OR file a response to this Order explaining why he should be exempt from General Order No. 18-02 and allowed to file by United States mail; AND (2) either pay the full filing fee of $400 (a $350 filing fee plus a $50 administrative fee) or submit a completed Request to Proceed Without Prepayment of Filing Fees with Declaration in Support form (CV-60P), along with a CERTIFIED copy of his trust account statement for the past six months (or institutional equivalent) and a disbursement notification. (See document for further details.) (Attachments: # 1 CV-60P) (sbou)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ANDRES MEDINA, 12 13 Plaintiff, v. 14 15 16 No. CV 18-01847 JLS (AFM) ORDER TO SHOW CAUSE AS TO WHY THIS ACTION SHOULD NOT BE DISMISSED DEBBIE ASUNCION, Warden, et al., Defendants. 17 18 On March 5, 2018, the Court received a complaint asserting claims under 42 19 U.S.C. § 1983 from Plaintiff Andres Medina, a prisoner at the California State 20 Prison, Los Angeles County (CSP-LAC). Two serious deficiencies were noted 21 with the filing of this complaint: (1) it was submitted by United States mail in 22 violation of this Court’s General Order No. 18-02; and (2) neither the filing fee nor 23 a request to proceed without pre-payment of the fee was submitted with the 24 complaint. Immediately upon receipt of the complaint, a Notice of Deficiency was 25 issued informing Plaintiff that he was required to cure his failure to submit the 26 complaint pursuant to General Order No. 18-02 by presenting a copy of his 27 complaint to designated staff at CSP-LAC for scanning and emailing to the Court, 28 within two weeks of March 6, 2018, the date the Notice of Deficiency was issued. 1 More than two weeks have now passed, but it does not appear that the Plaintiff has 2 yet complied with General Order No. 18-02. Nor has Plaintiff paid the filing fee or 3 submitted an application to proceed without pre-payment of that fee. 4 Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE as to why 5 this action should not be dismissed. To avoid dismissal, Plaintiff must, within 6 fourteen (14) days: (1) submit an exact copy of his complaint to designated CSP- 7 LAC staff for scanning and emailing to the Court, OR file a response to this Order 8 explaining why he should be exempt from General Order No. 18-02 and allowed to 9 file by United States mail; AND (2) either pay the full filing fee of $400 (a $350 10 filing fee plus a $50 administrative fee) or submit a completed Request to Proceed 11 Without Prepayment of Filing Fees with Declaration in Support form (CV-60P), 12 along with a CERTIFIED copy of his trust account statement for the past six 13 months (or institutional equivalent) and a disbursement notification. See General 14 Order 18-02, 28 U.S.C. § 1915(a); Local Rule 5-2. 15 If Plaintiff does not satisfy both paragraphs (1) and (2), above, within 16 fourteen (14) days from the date of this Order, this case may be dismissed 17 based upon Plaintiff’s failure to comply with General Order 18-02 and this 18 Order, and/or Plaintiff’s failure diligently to prosecute this action. 19 Plaintiff is advised that if he submits a Request to Proceed Without 20 Prepayment of Filing Fees with Declaration in Support and it is granted, Plaintiff 21 may be ordered to pay a partial filing fee within thirty (30) days in order for the 22 case to proceed. Regardless of whether an initial partial fee is ordered, Plaintiff 23 will remain liable for the amount of $350 (which does not include the $50 24 administrative fee), regardless of his present ability to pay it. Only a judge can 25 order partial filing fee payments; partial payments should not be submitted until a 26 judge has granted a Request to Proceed Without Prepayment of Filing Fees with 27 Declaration in Support and set a payment schedule. 28 2 If a Request to Proceed 1 Without Prepayment of Filing Fees with Declaration in Support is submitted and 2 denied, Plaintiff will be required to pay the full filing fee of $400 in order to 3 proceed with the case. 4 IT IS SO ORDERED. 5 6 DATED: 4/16/2018 7 ____________________________________ ALEXANDER F. MacKINNON UNITED STATES MAGISTRATE JUDGE 8 9 10 11 Attachment: CV-60P 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?