Howell v. Cook et al

Filing 4

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KAREEM J. HOWELL,

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Plaintiff,
v.

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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
THIRTY-DAY DEADLINE
(Doc. 3)

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Defendants.
_____________________________________/
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
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prisoner, has the obligation to ensure that a copy of his prisoner’s trust fund account statement,

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showing all account activity for the 6 months immediately preceding the filing of the complaint, is
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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
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On September 4, 2019, the Court directed Plaintiff to submit his prisoner’s trust fund account

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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.
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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

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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
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complaint, or (2) pay the $400 filing fee.

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Plaintiff is advised that if he fails to respond to this Order by the deadline set forth
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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.
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19 IT IS SO ORDERED.
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Dated:
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October 8, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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