(PC) Garcia-Garcia v. Doer et al

Filing 5

ORDER Directing Plaintiff to SHOW CAUSE why this Matter Should not be Dismissed for Failure to Obey Court Order; Plaintiff's Showing of Cause or, in the Alternative, either File his Six-Month Prison Trust Fund Account Statement or his Payment of the Filing Fee in Full, due in Twenty-One Days signed by Magistrate Judge Gary S. Austin on 03/11/2025. (Deputy Clerk EF)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAC GARCIA-GARCIA,

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Plaintiff,

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v.

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J. DOER, et al.,

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No. 1:24-cv-01559 GSA (PC)
ORDER DIRECTING PLAINTIFF TO SHOW
CAUSE WHY THIS MATTER SHOULD NOT
BE DISMISSED FOR FAILURE TO OBEY
COURT ORDER
(ECF No. 4)

Defendants.

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PLAINTIFF’S SHOWING OF CAUSE OR, IN
THE ALTERNATIVE, EITHER FILE HIS
SIX-MONTH PRISON TRUST FUND
ACCOUNT STATEMENT OR HIS
PAYMENT OF THE FILING FEE IN FULL,
DUE IN TWENTY-ONE DAYS

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Plaintiff, a federal inmate proceeding pro se, has filed this civil rights action seeking relief

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under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388

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(1971) (federal prisoner). The matter was referred to a United States Magistrate Judge pursuant

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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. In the alternative, Plaintiff will be given

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the opportunity either to file his six-month prison trust fund account statement that is required as

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part of a prisoner’s application to proceed in forma pauperis, or in the alternative to pay the filing

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fee in full. See 28 U.S.C. §§ 1914(a), 1915(a)(2). Plaintiff will be given twenty-one days to take
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either course of action.

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I.

RELEVANT FACTS

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On December 18, 2024, Plaintiff’s complaint and his application to proceed in forma

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pauperis were docketed. ECF Nos. 1, 2. Because Plaintiff had filed an application to proceed in

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forma pauperis, two days later, consistent with 28 U.S.C. § 1915(a)(2), Plaintiff was ordered to

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file his six-month prison trust fund account statement with the Court, and he was given thirty days

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to do so. See ECF No. 4 at 1.

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More than thirty days have passed and Plaintiff has not filed his six-month prison trust

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fund account statement, nor has he filed a request for an extension of time to do so. He has not

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responded to the Court in any way.

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II.

DISCUSSION

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Both the Court and the public have an interest in the disposal of cases in an expedient

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manner. See generally Hernandez v. City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998)

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(presuming public has interest in expeditious litigation). Plaintiff’s failure to file a six-month

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prison trust fund account statement as required by law (see 28 U.S.C. § 1915(a)(2)) has stalled

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this process, and it warrants the Court issuing an order directing him to show cause why this

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matter should not be dismissed for failure to obey court orders. As a result, an order to show

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cause shall issue.

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Plaintiff will be given twenty-one days to file the showing of cause. As an alternative to

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filing it, within the same twenty-one-day period, Plaintiff may instead either submit the six-month

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prison trust fund account statement or pay the filing fee in full. See 28 U.S.C. § 1914(a)

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(payment of filing fee requirement).

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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;

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2. As an ALTERNATIVE to filing a showing of cause, Plaintiff may either file a copy of

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his six-month prison trust fund account statement consistent with 28 U.S.C. § 1915(a)(2), or pay

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the filing fee in full. See 28 U.S.C. § 1914(a), and
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3. Plaintiff shall have twenty-one days to take either course of action.

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IT IS SO ORDERED.
Dated:

March 11, 2025

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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