Bruce De La Cruz v. J Michael Lee, et al

Filing 8

ORDER TO SHOW CAUSE RE: PLAINTIFFS SUBMISSION OF REQUEST TO PROCEED WITHOUT PREPAYMENT OF FILING FEES WITH DECLARATION IN SUPPORT by Magistrate Judge John E. McDermott. Response to Order to Show Cause due by 12/30/2015. [See Order for details.] (san)

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

EDCV 15-1428-JGB (JEM)

Title

BRUCE DE LA CRUZ v. MICHAEL LEE, et al.

Present: The
Honorable

Date

December 9, 2015

John E. McDermott, United States Magistrate Judge
S. Anthony
Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Proceedings:

Attorneys Present for Defendants:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: PLAINTIFF’S
SUBMISSION OF REQUEST TO PROCEED WITHOUT
PREPAYMENT OF FILING FEES WITH DECLARATION IN
SUPPORT

On August 3, 2015, the Court denied Plaintiff’s Request to Proceed Without Prepayment of
Filing Fees (“IFP Request”) because Plaintiff failed to authorize disbursements from his prison trust
account to pay the filing fee and failed to file a request to proceed in forma pauperis.
On August 28, 2015, Plaintiff filed a Motion for Reconsideration of Dismissal for Lack of
Prepayment of Filing Fees (“Motion for Reconsideration”). In his Motion for Reconsideration, Plaintiff
stated that prison officials inadvertently failed to include the trust account statement with his complaint, but
that it was sent separately. Plaintiff included a copy of his trust account statement, a request to proceed in
forma pauperis, and a copy of his complaint.
However, the form used by Plaintiff lacked the necessary language authorizing prison officials to
assess, collect and forward fees to the Court. Accordingly, on September 4, 2015, the Court issued an order
requesting the Clerk to provide Plaintiff with a blank Request to Proceed Without Prepayment of Filing Fees
with Declaration in Support, which Plaintiff was directed to fill out completely and re-submit no later than
September 18, 2015. Thereafter, the Court would reconsider Plaintiff’s IFP Request along with the other
documents he had submitted.
To date, Plaintiff has not submitted the correct Request to Proceed Without Prepayment of Filing Fees
with Declaration in Support, as ordered.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why his Motion for Reconsideration
should not be denied and this matter terminated for Plaintiff’s failure to submit the necessary
documentation in support of his IFP Request. Plaintiff shall file a written response to the Order to
Show Cause no later than December 30, 2015. Plaintiff’s failure to respond in writing to the Order
CV-90 (10/08)

CIVIL MINUTES - GENERAL

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

EDCV 15-1428-JGB (JEM)

Date

Title

December 9, 2015

BRUCE DE LA CRUZ v. MICHAEL LEE, et al.

to Show Cause by the deadline may result in the denial of the Motion for Reconsideration and
dismissal of this action. Filing a completed Request to Proceed Without Prepayment of Filing Fees
with Declaration in Support shall be a satisfactory response to the Order to Show Cause. The Clerk
is directed to provide Plaintiff with another copy of the form.
IT IS SO ORDERED.

cc:

Parties
:
Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

sa

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