Opinion
2:21-cv-04878-MWF (GJSx)
06-16-2021
Danny Varner v. Felicia Ponce, et al.
Present: Hon. Michael W. Fitzgerald, United States District Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: POSSIBLE DISMISSAL
On June 14, 2021, Petitioner filed a document entitled "Emergency Verified Petition for Declaratory Judgment, Temporary Restraining Order, and Permanent Injunctive Relief [Dkt. 1, "Petition"]. Petitioner is a federal prisoner incarcerated at FCI-Terminal Island and he seeks redress from officers and employees of a governmental entity. Petitioner did not submit the filing fee with his Petition and, thus, presumably seeks leave to proceed without prepayment of the full filing fee. Petitioner, however, has not complied with the requirements of 28 U.S.C. § 1915(a), namely, he has not submitted the required declaration establishing his indigency and he has not submitted the required certified copy of his trust account statement for the preceding six month period. Unless Petitioner submits the documents required by Section 1915(a) or pays the full filing fee, this action cannot proceed and must be dismissed.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE why this action should not be dismissed for failure to pay the filing fee or to properly seek leave to proceed without prepayment of the full filing fee. By no later than JULY 6, 2021, Petitioner must either pay the filing fee or submit an application to proceed without prepayment of the filing fee supported by the above-noted Section 1915(a)-required documents. If he does not do so, this case will be dismissed.
The Clerk's Office is directed to send Form CV-60P (Request To Proceed Without Prepayment Of Filing Fees With Declaration In Support) to Petitioner as an attachment to this Order. If Petitioner chooses to seek leave to proceed without prepayment of the full filing fee, he must fill Form CV-60P out completely, have his institution complete the form, and obtain a certified copy of his prison trust account statement, all to be returned to the Court by the above deadline.
IT IS SO ORDERED.