(PC) Booth v. Pouge

Filing 7

ORDER DIRECTING PLAINTIFF to SHOW CAUSE why this Matter Should not be Dismissed for Failure to Obey a Court Order signed by Magistrate Judge Gary S. Austin on 07/25/2024. Show Cause Response due by 8/8/2024. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK J. BOOTH,

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Plaintiff,

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v.

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TYSON POUGE,

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No. 1:24-cv-00697 GSA (PC)
ORDER DIRECTING PLAINTIFF TO SHOW
CAUSE WHY THIS MATTER SHOULD NOT
BE DISMISSED FOR FAILURE TO OBEY A
COURT ORDER
Fed. R. Civ. P 41(b); Local Rule 110

Defendant.

PLAINTIFF’S SHOWING OF CAUSE OR, IN
THE ALTERNATIVE, AN IN FORMA
PAUPERIS APPLICATION AND PRISON
TRUST FUND ACCOUNT STATEMENT OR
FILING FEE DUE AUGUST 8, 2024

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Plaintiff, a county jail inmate proceeding pro se, has filed this civil rights action seeking
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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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For the reasons stated below, Plaintiff will be ordered to show cause why this matter
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should not be dismissed for failure to obey a court order. As an alternative to filing a showing of
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cause, Plaintiff may either file an application to proceed in forma pauperis with a copy of his six25
month prison trust fund account statement, or he may pay the filing fee in full.
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I.

BACKGROUND

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Plaintiff’s complaint was docketed in this Court on June 7, 2024. See ECF No. 1. On

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June 17, 2024, the Court ordered Plaintiff either to complete an in forma pauperis application and

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a six-month prison trust fund account statement or pay the filing fee in full. ECF No. 5 at 2.

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Plaintiff was given thirty days to do so, and at that time he was cautioned that his failure to

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comply with the order within the time allotted might result in a recommendation that this matter

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be dismissed. Id. Plaintiff was also sent a copy of the in forma pauperis application. Id.

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More than thirty days have now passed and Plaintiff has neither complied with, nor
responded to, the Court’s order.

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II.

DISCUSSION

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Before beginning any civil litigation, a party must either pay the filing fee in full (see 28

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U.S.C. § 1914(a)-(b)) or apply for and be granted in forma pauperis status (see 28 U.S.C. §

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1915(a)(1)-(2)). Plaintiff has done neither. Therefore, the Court is unable to consider his

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complaint.

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For these reasons, Plaintiff will be ordered to show cause why this matter should not be

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dismissed for failure to obey a court order. In the alternative, Plaintiff may file the in forma

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pauperis application with the six-month prison trust fund account statement, or he may pay the

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filing fee in full.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is ordered to SHOW CAUSE why this matter should not be dismissed for

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failure to obey a court order. Fed. R. Civ. P 41(b); Local Rule 110.

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2. In lieu of filing a showing of cause, Plaintiff may either:

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a. File an application to proceed in forma pauperis along with a copy of his sixmonth trust fund account statement, or

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b. Pay the filing fee in full.
3. Plaintiff shall have fourteen days – until August 8, 2024, – to take either course of

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action.
Plaintiff is warned that failure to timely comply with this order may result in a
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recommendation that this matter be dismissed.

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IT IS SO ORDERED.
Dated:

July 25, 2024

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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