Opinion
3:24-cv-05772-TMC-GJL
10-18-2024
SCOTT EMERSON EVATT, Plaintiff, v. PAUL SIMBECK, et al. Defendants.
ORDER TO SHOW CAUSE
Grady J. Leupold, United States Magistrate Judge
The District Court has referred this prisoner civil rights action filed pursuant to 42 U.S.C. § 1983 to United States Magistrate Grady J. Leupold. Plaintiff Scott Emerson Evatt, proceeding pro se, initiated this action on September 13, 2024, by filing an incomplete Application to Proceed In Forma Pauperis (“IFP”) and a Proposed Complaint. Dkts. 1, 1-1. Because Plaintiff did not submit a certified copy of his Prison Trust Account Statement with his IFP Application, the Clerk of Court notified him of his filing deficiencies and informed him that failure pay the filing fee or submit a completed IFP Application by October 15, 2024, could result in DISMISSAL of his action. Dkt. 3. That deadline has elapsed with no filing fee or completed IFP Application received from Plaintiff.
Accordingly, if Plaintiff intends to proceed in this action, he must accomplish one of the following on or before November 18, 2024:
1. File a complete IFP Application including a certified copy of his Prison Trust Account Statement;
2. Show cause why he cannot file a complete IFP application by that date; or
3. Pay the $405.00 filing fee.
If Plaintiff fails to accomplish one of the above requirements by the stated deadline, the undersigned will recommend this action be DISMISSED for failure to properly prosecute and for failure to comply with a court order. The Clerk of Court is directed to send Plaintiff a copy of the Notice of Filing Deficiency along with this Order.