Erlindo Rodriguez v. Robert Yglesias

Filing 4

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE re Payment of Filing Fee and Failure to State a Claim by Magistrate Judge Steve Kim. Plaintiff is ORDERED TO SHOW CAUSE on or before April 21, 2017, why this action should not be dismissed for failure to pay the filing fee and failure to state a claim. Plaintiff may discharge this Order to Show Cause (1) paying the filing fee or submitting a completed Request to Proceed In Forma Pauperis, AND (2) filing an amended complaint that states a claim upon which relief may be granted. Response to Order to Show Cause due by 4/21/2017. (Attachments: # 1 Civil Rights Complaint Forms, # 2 Consent Form, # 3 Request to Proceed IFP Form, # 4 Voluntary Dismissal Form) (mkr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 5:17-CV-00513-GW (SK)
Title

Date

March 23, 2017

Erlindo Rodriguez Jr. v. Robert Yglesias

Present: The Honorable

Steve Kim, U.S. Magistrate Judge

Marc Krause

n/a

Deputy Clerk

Court Smart / Recorder

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None present

None present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE PAYMENT OF
FILING FEE AND FAILURE TO STATE A CLAIM

Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (ECF No. 1), but it is
subject to summary dismissal for two reasons. First, Plaintiff did not pay the filing fee or
submit a Request to Proceed in Forma Pauperis. Without payment of the filing fee or being
granted leave of Court to proceed in Forma Pauperis, this action cannot move forward.
Second, the complaint alleges that Defendant violated his Fourth Amendment Rights
when he searched Plaintiff’s prison cell and took Plaintiff’s legal papers and other property.
But such a claim is not cognizable under the Fourth Amendment because prisoners do not have
a reasonable expectation of privacy in their prison cells. See Hudson v. Palmer, 468 U.S. 517,
526 (1984) (“the Fourth Amendment proscription against unreasonable searches does not
apply within the confines of the prison cell”). Therefore, the complaint is subject to dismissal
for failure to state a claim upon which relief may be granted. See 28 U.S.C § 1915A(b)(1).
THEREFORE, Plaintiff is ORDERED TO SHOW CAUSE on or before April 21, 2017,
why this action should not be dismissed for failure to pay the filing fee and failure to state a
claim. Plaintiff may discharge this Order to Show Cause by (1) paying the filing fee or
submitting a completed Request to Proceed in Forma Pauperis, AND (2) filing an amended
complaint that states a claim upon which relief may be granted.
Plaintiff is advised that failure to file a timely response to this order will
result in a recommendation that this action be dismissed for failure to prosecute
and obey court orders and failure to state a claim. See Fed. R. Civ. P. 41(b); Local Rule
41-1. If Plaintiff no longer wishes to pursue this action, Plaintiff may voluntarily dismiss the
action pursuant to Federal Rule of Civil Procedure 41(a) by filing a “Notice of Dismissal.” The
Clerk is directed to attach a Notice of Dismissal Form (CV-009) to this Order.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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