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