Howell v. Cook et al
ORDER to SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE AND FAILURE TO OBEY COURT ORDERS, signed by Magistrate Judge Sheila K. Oberto on 10/9/2019. (Kusamura, W)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KAREEM J. HOWELL,
Case No. 1:19-cv-01180-AWI-SKO
KEVIN COOK, Kings County Deputy District
Attorney, STEVEN NGUYEN, Kings County
Deputy District Attorney, and KEITH
FAGUNDES, Kings County District Attorney,
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND
FAILURE TO OBEY COURT ORDERS
Plaintiff is a prisoner proceeding pro se and has requested leave to proceed in forma pauperis
22 pursuant to 28 U.S.C. § 1915. (Docs. 1, 2.) Under 28 U.S.C. § 1915(a)(2), Plaintiff, as a state
prisoner, has the obligation to ensure that a copy of his prisoner’s trust fund account statement,
showing all account activity for the 6 months immediately preceding the filing of the complaint, is
submitted with his application to proceed in forma pauperis. Plaintiff has failed to submit a copy of
27 his prisoner’s trust fund account statement, as required by § 1915(a)(2), and has offered no
28 explanation for his failure to include the statement.
On September 4, 2019, the Court directed Plaintiff to submit his prisoner’s trust fund account
2 statement within 21 days from the date of service of the order. (Doc. 3.) To date, Plaintiff has not
3 submitted his prisoner’s trust fund account statement and has not offered any reason for his failure
4 to do so.
In light of Plaintiff’s failure to submit his prisoner’s account statement as required by 28
U.S.C. § 1915, and his failure to obey the Court’s September 4, 2019 order, Plaintiff is ORDERED
to show cause, in writing, within thirty (30) days of the date of service of this Order, why a
recommendation should not issue for Plaintiff’s complaint to be dismissed for failure to
10 prosecute and failure to comply with court orders. Alternatively, within thirty (30) days of the
11 date of service of this Order, Plaintiff may either (1) submit his prisoner’s trust fund account
12 statement showing all account activity for the 6 months immediately preceding the filing of the
complaint, or (2) pay the $400 filing fee.
Plaintiff is advised that if he fails to respond to this Order by the deadline set forth
above, the Court will recommend to the assigned district judge that Plaintiff’s complaint be
17 dismissed for failure to prosecute and failure to comply with court orders.
19 IT IS SO ORDERED.
October 8, 2019
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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