Hemphill v. Cate et al

Filing 7

ORDER to SHOW CAUSE Re Petitioner's Failure to Respond to the Court's Order 4 Regarding Payment of Filing Fee or Proceeding In Forma Pauperis, signed by Magistrate Judge Gerald B. Cohn on 7/3/12. Response Due in Thirty Days. (Attachments: # 1 IFP Application & Instructions)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TERRANCE HEMPHILL,

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Plaintiff,

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v.
MATTHEW CATE, et al,

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Defendants.

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CASE NO. 1:12-cv-00630-GBC
ORDER TO SHOW CAUSE RE
PETITIONER’S FAILURE TO RESPOND TO
THE COURT’S ORDER REGARDING
PAYMENT OF FILING FEE OR
PROCEEDING IN FORMA PAUPERIS
(Doc. 4)
/ RESPONSE DUE IN 30 DAYS

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Plaintiff, proceeding pro se, filed this civil action on April 20, 2011. Doc. 1. Plaintiff filed
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an application to proceed in forma pauperis, however, the application lacked the requisite
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authorization to withdraw funds from his trust account. Doc. 2. On April 25, 2012, the Court
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ordered Plaintiff to submit a corrected application to proceed in forma pauperis and do so within
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forty-five days. (Doc. 4). More than forty-five days have passed and Plaintiff has not complied with
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or otherwise responded to the Court’s order. Plaintiff was warned that failure to obey the order
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would result in dismissal of the action.
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Local Rule 110 provides that “failure of counsel or of a party to comply with these [Local]
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Rules or with any order of the Court may be grounds for imposition by the Court of any and all
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sanctions . . . within the inherent power of the Court.” Such sanctions can include dismissal of this
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action. See In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226-27
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(9th Cir. 2006).
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Based on the foregoing, it is HEREBY ORDERED that within thirty (30) days from the date

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of service of this order, petitioner shall pay the $350.00 filing fee in full or file an application to

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proceed in forma pauperis, a copy of which is attached hereto, or show cause, in writing, why

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sanctions should not be imposed for petitioner's failure to obey a court order.

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IT IS SO ORDERED.

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Dated:
0jh02o

July 3, 2012
UNITED STATES MAGISTRATE JUDGE

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