(PC) Rivera v. Rodriguez

Filing 5

ORDER to SHOW CAUSE, signed by Magistrate Judge Helena M. Barch-Kuchta on 09/04/2021. (Show Cause Response due within 14-Day Deadline)(Martin-Gill, S)

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Case 1:21-cv-01147-HBK Document 5 Filed 09/07/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN RIVERA, 12 13 14 15 Case No. 1:21-cv-1147-HBK Plaintiff, v. ORDER TO SHOW CAUSE FOURTEEN-DAY RESPONSE PERIOD SERGEANT P. RODRIGUEZ, Defendant. 16 17 Plaintiff Juan Rivera, a state prisoner, initiated this action by filing a pro se civil rights 18 complaint under 42 U.S.C. § 1983 on July 29, 2021. (Doc. No. 1). Plaintiff’s complaint was not 19 accompanied by the filing fee or an application to proceed in forma pauperis (“IFP”). (See 20 Docket). On July 30, 2021, the Court order Plaintiff to within 30 days either submit a completed 21 IFP application or pay the $402.00 filing fee. (Doc. No. 3). The Court enclosed an IFP 22 application and cautioned Plaintiff that his failure to timely comply with the Court’s order would 23 result in this matter’s dismissal. (Id.). Plaintiff has neither paid the filing fee nor filed a new 24 application to proceed IFP. 25 Federal Rule of Civil Procedure 41(b) permits courts to involuntarily dismiss an action 26 when a litigant fails to prosecute an action or fails to comply with a court order. See Fed. R. Civ. 27 P. 41(b); see Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889 (9th Cir. 2019) (citations 28 omitted); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) Case 1:21-cv-01147-HBK Document 5 Filed 09/07/21 Page 2 of 2 1 (“[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss 2 under Rule 41(b) sua sponte, at least under certain circumstances.”). Local Rule 110 similarly 3 permits courts to impose sanctions on a party who fails to comply with a court order. 4 Accordingly, it is hereby ORDERED: 5 Within fourteen (14) days from receipt of this Order, Plaintiff shall comply with the 6 Court’s previous July 30, 2021 Order, or show cause why the Court should not recommend that 7 this case be dismissed without prejudice for Plaintiff’s failure to prosecute this action and/or his 8 failure to timely comply with the Court’s July 30, 2021 Order. 9 10 11 Dated: September 4, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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