Allen v. Hubbard et al

Filing 10

ORDER DISCHARGING 5 Order to Show Cause Why This Action Should Not be Dismissed for Failure to Prosecute and Failure to Obey a Court Order, signed by Magistrate Judge Barbara A. McAuliffe on 1/25/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW ALLEN,

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Plaintiff,

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v.
S. HUBBARD, et al.,

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Defendants.

Case No. 1:16-cv-01751-BAM (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE WHY THIS ACTION SHOULD NOT
BE DISMISSED FOR FAILURE TO
PROSECUTE AND FAILURE TO OBEY A
COURT ORDER
(ECF No. 5)

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Plaintiff Matthew Allen (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on November 18, 2016 (ECF

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No. 1), and has consented to magistrate judge jurisdiction. (ECF No. 6.)
On November 22, 2016, the Court issued an order to submit an application to proceed in

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forma pauperis or pay the filing fee within forty-five (45) days. (ECF No. 3.) Plaintiff failed to

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submit the application. Therefore, on January 17, 2017, the Court issued an order directing

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Plaintiff to either (1) complete and return an application to proceed in forma pauperis, or in the

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alternative, pay the $400.00 filing fee for this action; or (2) show cause in writing why this action

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should not be dismissed for failure to prosecute and failure to obey a court order. (ECF No. 5, p.

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2.) On January 23, 2017, Plaintiff submitted an application to proceed in forma pauperis. (ECF

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No. 7.)

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Based on Plaintiff’s submission of the application to proceed in forma pauperis, the Court

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finds good cause to discharge the January 17, 2017 order. Accordingly, the Court’s January 17,

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2017 order to show cause is HEREBY DISCHARGED. The Court advises Plaintiff that his

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application to proceed in forma pauperis will be addressed in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 25, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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