Allen v. Hubbard et al

Filing 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 1/17/2017. Show Cause Response due by 2/10/2017.(Lundstrom, T)

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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.

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

S. HUBBARD, et al.,
(ECF No. 3)

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Defendants.
TWENTY (20) DAY DEADLINE

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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.) On November 22, 2016, the Court issued an order directing Plaintiff to submit an

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application to proceed in forma pauperis or pay the filing fee within forty-five (45) days. (ECF

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No. 3.) The deadline to submit the application or pay the filing fee has expired, and Plaintiff has

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not complied with this order or otherwise communicated with the Court.
Local Rule 110 provides that “[f]ailure 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.” Further, the failure of Plaintiff to prosecute

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this action is grounds for dismissal. In re Phenylpropanolamine (PPA) Products Liability

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Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006).

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Accordingly, the Court HEREBY ORDERS that:
1. The Clerk of the Court shall serve this order and a blank application to proceed in forma
pauperis on Plaintiff;
2. Within twenty (20) days of service of this order, Plaintiff shall EITHER:

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a. Complete and return the application to proceed in forma pauperis, or in the

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alternative, pay the $400.00 filing fee for this action; OR

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b. Show cause in writing why this action should not be dismissed for failure to

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prosecute and failure to obey a court order;
3. Plaintiff’s failure to comply with this order will result in the dismissal of this action
for failure to prosecute and failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 17, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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