Higgins v. Rodriguez, et al.

Filing 15

ORDER vacating 10 Order to Show Cause signed by Magistrate Judge Stanley A. Boone on 9/12/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONATHAN ELLIOTT HIGGINS,

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Plaintiff,
v.
LOUIS RODRIGUEZ, et al.,

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Defendants.

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Case No.: 1:16-cv-00804-DAD-SAB (PC)
ORDER VACATING ORDER TO
SHOW CAUSE
[ECF No. 10]

Plaintiff Jonathan Elliott Higgins is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On August 23, 2016, the previously-assigned magistrate judge issued an order to show cause

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why the action should not be dismissed for failure to comply with a court order, namely, the failure to

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complete and return the consent/decline form and failure to submit an application to proceed in forma

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pauperis or pay the filing fee. (ECF No. 10.) The August 23, 2016, order shall be vacated.

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On June 10, 2016 (prior to issuance of the order to show cause), Plaintiff submitted his

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prisoner trust account statement, along with the signature page of the application to proceed in forma

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pauperis, signed under penalty of perjury by Plaintiff. (ECF No. 2.) Based on Plaintiff’s filing, he has

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made the required showing that he is entitled to proceed in forma pauperis in this action pursuant to 28

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U.S.C. § 1915.

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On August 3, 2016 (prior to issuance of the order to show cause), Plaintiff declined magistrate

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judge jurisdiction and this action was assigned to District Judge Dale A. Drozd. (ECF Nos. 8, 9.)

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Plaintiff declined magistrate judge jurisdiction again on September 6, 2016. (ECF No. 13.)

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In light of the foregoing, it is HEREBY ORDERED:

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The order to show cause issued August 23, 2016, is VACATED; and

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Plaintiff will be granted in forma pauperis status by issuance of separate order.

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IT IS SO ORDERED.

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Dated:

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September 12, 2016
UNITED STATES MAGISTRATE JUDGE

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