Opinion
2:24-cv-06167-RGK-MAA
12-10-2024
St. Michael Balzarini v. Ron Davis et al.
Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings (In Chambers): Order Regarding Plaintiff's Failure to Reply to Court's Order to Show Cause (ECF No. 14)
On October 4, 2024, the Court issued an Order to Show Cause Why Pauper Status Is Not Barred. (“OSC-1,” ECF No. 14.) The Court ordered Plaintiff to show cause by November 4, 2024 why 28 U.S.C. § 1915(g) did not bar pauper status in this action in light of Plaintiff having had more than three prior prisoner actions or appeals dismissed by a federal court on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief could be granted. (Id. at 1-2.) The Court specified that Plaintiff's response to OSC-1 must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.” (Id. at 2.) In the alternative to showing cause why pauper status should not be revoked, Plaintiff could avoid dismissal by paying the full filing fee of $405.00. (Id.)
To date, Plaintiff has not filed a response to OSC-1 or paid the full filing fee. Plaintiff is ORDERED TO SHOW CAUSE by January 9, 2025 why the Court should not recommend that the lawsuit be dismissed for failure to comply with a Court order. If Plaintiff files a response to OSC-1 on or before that date, this second Order to Show Cause will be discharged, and no additional action need be taken.
Plaintiff is advised that failure to comply with this order will result in a recommendation that the lawsuit be dismissed without prejudice for failure to prosecute and/or comply with court orders. See C.D. Cal. L.R. 41-1.
It is so ordered.