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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW ALLEN, 12 Plaintiff, 13 14 v. S. HUBBARD, et al., 15 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) 16 Plaintiff Matthew Allen (“Plaintiff”) is a state prisoner proceeding pro se in this civil 17 18 rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on November 18, 2016 (ECF 19 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 20 21 forma pauperis or pay the filing fee within forty-five (45) days. (ECF No. 3.) Plaintiff failed to 22 submit the application. Therefore, on January 17, 2017, the Court issued an order directing 23 Plaintiff to either (1) complete and return an application to proceed in forma pauperis, or in the 24 alternative, pay the $400.00 filing fee for this action; or (2) show cause in writing why this action 25 should not be dismissed for failure to prosecute and failure to obey a court order. (ECF No. 5, p. 26 2.) On January 23, 2017, Plaintiff submitted an application to proceed in forma pauperis. (ECF 27 No. 7.) 28 /// 1 1 Based on Plaintiff’s submission of the application to proceed in forma pauperis, the Court 2 finds good cause to discharge the January 17, 2017 order. Accordingly, the Court’s January 17, 3 2017 order to show cause is HEREBY DISCHARGED. The Court advises Plaintiff that his 4 application to proceed in forma pauperis will be addressed in due course. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara January 25, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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