Martinez v. Rio Consumnes Correctional Center et al

Filing 5

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 12/19/16 ordering that within 20 days of the date of this order, plaintiff shall show cause why this case should not be dismissed without prejudice for his failure to comply with the court's 11/10/16 order. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDGAR MARTINEZ, Sr., 12 Plaintiff, 13 14 15 v. No. 2:16-cv-2590 DB P ORDER TO SHOW CAUSE RIO CONSUMNES CORRECTIONAL CENTER, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 18 19 §1983. In an order filed November 10, 2016, plaintiff was advised that his application to proceed 20 in forma pauperis was incomplete. (ECF No. 4.) Plaintiff was ordered to submit, within thirty 21 days, a completed affidavit in support of his request to proceed in forma pauperis and a certified 22 copy of his prison trust account statement for the six month period immediately preceding the 23 filing of the complaint. Plaintiff was advised that his failure to comply with the November 11 24 order may result in a recommendation that this action be dismissed without prejudice. Thirty days has passed and plaintiff has failed to file the completed affidavit and the trust 25 26 account statement or otherwise respond to the court’s November 10 order. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that within twenty days of the date of this order, 2 plaintiff shall show cause why this case should not be dismissed without prejudice for his failure 3 to comply with the court’s November 10, 2016 order. See Fed. R. Civ. P. 41(b); E.D. Cal. R. 4 110. 5 Dated: December 19, 2016 6 7 8 9 10 11 DLB:9 DLB1/prisoner-civil rights/mart2590.fifp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?