(PC)Jerry Antivone Castle v. Unknown

Opinion

JERRY ANTIVONE CASTLE, Case No. 1:22-cv-00169-HBK (PC) Plaintiff, ORDER TO SHOW CAUSE

v. FOURTEEN-DAY RESPONSE PERIOD Defendant. Plaintiff Jerry Castle, a state prisoner, initiated this action by filing a pro se civil rights complaint under 42 U.S.C. § 1983 on January 31, 2022. (Doc. No. 1). Plaintiff’s complaint was not accompanied by the filing fee or an application to proceed in forma pauperis (“IFP”). (See Docket). Plaintiff’s complaint was transferred from the Central District of California to the Eastern District of California on February 3, 2022. (Doc. No. 4). On February 9, 2022, the Court ordered Plaintiff to either submit a completed IFP application or pay the $402.00 filing fee within twenty-one days of receipt of the order. (Doc. No. 7). The Court enclosed an IFP application and cautioned Plaintiff that his failure to timely comply with the Court’s order would result in this matter’s dismissal. (Id.). As of the date of this Order, Plaintiff has neither paid the filing fee nor filed a new application to proceed IFP. Federal Rule of Civil Procedure 41(b) permits courts to involuntarily dismiss an action when a litigant fails to prosecute an action or fails to comply with a court order. See Fed. R. Civ. P.41(b); see Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889 (9th Cir. 2019) (citations omitted); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (‘[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at least under certain circumstances.”). Local Rule 110 similarly permits courts to impose sanctions on a party who fails to comply with a court order. Accordingly, it is hereby ORDERED: Within fourteen (14) days from receipt of this Order, Plaintiff shall comply with the Court’s previous February 9, 2022, Order. Plaintiff’s failure to comply with this Order or will result in a recommendation that this case be dismissed without prejudice for Plaintiffs failure to prosecute this action and/or his failure to timely comply with the Court’s February 9, 2022 Order. Dated: __June 3, 2022 Wile. Wh. arch Yack HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE