(PC) Davis v. Doerer et al

Filing 5

ORDER to SHOW CAUSE regarding failure to provide a completed application to proceed IFP 2 , 4 signed by Magistrate Judge Sheila K. Oberto on 1/3/2025. Show Cause Response due within 14-Days. (Deputy Clerk TEL)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAVARIS DAVIS, 12 Plaintiff, 13 v. 14 J. DOERER, et al., 15 Case No.: 1:24-cv-01498-SKO (PC) ORDER TO SHOW CAUSE REGARDING FAILURE TO PROVIDE A COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS (Docs. 2 & 4) Defendants. 16 17 Plaintiff Javaris Davis is a federal prisoner proceeding pro se in this civil rights action. 18 I. 19 Plaintiff initiated this action by filing a complaint on December 9, 2024. (Doc. 1.) Plaintiff 20 21 INTRODUCTION also filed an Application to Proceed In Forma Pauperis by a Prisoner. (Doc. 2.) On December 11, 2024, the Court issued an “Order Directing Plaintiff To Provide A 22 Complete Answer In His Application To Proceed In Forma Pauperis By A Prisoner.” (Doc. 4.) 23 Plaintiff was directed to provide a complete response to Question 3(f) within 14 days of the date 24 of service of the order. (Id. at 1-2.) 25 II. DISCUSSION 26 This Court’s Local Rules, corresponding with Rule 11 of the Federal Rules of Civil 27 Procedure, provide that the “[f]ailure of counsel or of a party to comply with these Rules or with 28 any order of the Court may be grounds for the imposition by the Court of any and all sanctions 1 authorized by statute or within the inherent power of the Court.” See Local Rule 110. Here, Plaintiff has failed to comply with the Court’s December 11, 2024, order. He did not 2 3 respond as directed within 14 days, plus time for mailing, and the time to do so has now passed. 4 III. 5 Accordingly, the Court ORDERS Plaintiff to show cause in writing, within 14 days of 6 the date of service of this order, why sanctions should not be imposed for his failure to comply 7 with the Court’s December 11, 2024, order. Alternatively, within that same time, Plaintiff may 8 file a response to that order as directed on December 11, 2024. 9 CONCLUSION AND ORDER WARNING: A failure to comply with this order may result in a recommendation 10 that this action be dismissed, without prejudice, for Plaintiff’s failure to comply with Court 11 orders and this Court’s Local Rules and failure to prosecute. 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto January 3, 2025 . UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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