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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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. 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) 15 Defendants. TWENTY (20) DAY DEADLINE 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.) On November 22, 2016, the Court issued an order directing Plaintiff to submit an 20 application to proceed in forma pauperis or pay the filing fee within forty-five (45) days. (ECF 21 No. 3.) The deadline to submit the application or pay the filing fee has expired, and Plaintiff has 22 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 23 24 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 25 sanctions . . . within the inherent power of the Court.” Further, the failure of Plaintiff to prosecute 26 this action is grounds for dismissal. In re Phenylpropanolamine (PPA) Products Liability 27 Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006). 28 /// 1 1 2 3 4 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: 5 a. Complete and return the application to proceed in forma pauperis, or in the 6 alternative, pay the $400.00 filing fee for this action; OR 7 b. Show cause in writing why this action should not be dismissed for failure to 8 9 10 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. 11 12 13 IT IS SO ORDERED. Dated: /s/ Barbara January 17, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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