Iegorova v. Hobble

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 11/20/2017 ORDERING that no later than December 15, 2017, plaintiff shall pay the Clerk of Court $100.00 in monetary sanctions based on her failure to comply with the court's orders; N o later than December 15, 2017, plaintiff shall either file an amended motion to proceed in forma pauperis or pay the applicable filing fee; If plaintiff no longer wishes to proceed with this action, she may instead file a notice of voluntary dismis sal of the action without prejudice by December 15, 2017, in lieu of paying the monetary sanctions imposed; Failure to timely comply with this order will result in dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LIUDMYLA IEGOROVA,

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Plaintiff,

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v.

No. 2:17-cv-2221-GEB-KJN PS

ORDER

BRUCE HOBBLE,

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Defendant.

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On October 24, 2017, plaintiff Liudmyla Iegorova, proceeding without counsel, filed the

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instant action along with a motion to proceed in forma pauperis. (ECF No. 2.) However,

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plaintiff’s motion to proceed in forma pauperis was incomplete, did not provide all of the

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requested information, and in many instances simply referred back to some other action that was

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filed in this court. Therefore, on October 27, 2017, the court denied plaintiff’s motion to proceed

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in forma pauperis without prejudice. (ECF No. 3.) Plaintiff was ordered, no later than November

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10, 2017, to either file a properly-completed amended motion to proceed in forma pauperis or pay

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the applicable filing fee. (Id.) Plaintiff was further cautioned that failure to timely comply with

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the order may result in dismissal of the action pursuant to Federal Rule of Civil Procedure 41(b).

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(Id.)

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Although the applicable deadline has now long passed, plaintiff failed to either file an

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amended motion to proceed in forma pauperis or pay the applicable filing fee. The court has

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considered whether the action should be dismissed at this juncture. Nevertheless, in light of

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plaintiff’s pro se status and the court’s desire to resolve the action on the merits, the court first

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attempts lesser monetary sanctions. Because plaintiff at least initially sought leave to proceed in

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forma pauperis, the court necessarily imposes a minimal amount of $100.00 in monetary

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sanctions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than December 15, 2017, plaintiff shall pay the Clerk of Court $100.00 in

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monetary sanctions based on her failure to comply with the court’s orders.
2. No later than December 15, 2017, plaintiff shall either file an amended motion to
proceed in forma pauperis or pay the applicable filing fee.

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3. If plaintiff no longer wishes to proceed with this action at this time, she may instead

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file a notice of voluntary dismissal of the action without prejudice by December 15,

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2017, in lieu of paying the monetary sanctions imposed.

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4. Failure to timely comply with this order will result in dismissal of the action with
prejudice pursuant to Federal Rule of Civil Procedure 41(b).
Dated: November 20, 2017

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