Polley
(PC) Schowachert v. Polley
Opinion
Trial Court Opinion
I. FACTS AND BACKGROUND
21 Plaintiff John Paul Frank Schowachert, a state prisoner, initiated this action by filing a pro 22 se civil rights complaint under 42 U.S.C. § 1983 on June 7, 2021. (Doc. No. 1). Plaintiff 23 concurrently moved to proceed in forma pauperis (“IFP”). (Doc. No. 2). On June 15, 2021, the 24 Court denied Plaintiff’s motion to proceed in forma pauperis without prejudice because 25 Plaintiff’s application was incomplete and unsigned. (Doc. No. 6). The Court provided Plaintiff 26 27 1 This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 (E.D. Ca. 2019). with 30 days to either re-submit a signed and completed IFP application or pay the $402.00 filing fee. (Id. at 2). The Court enclosed an application and cautioned Plaintiff that his failure to timely comply with the Court’s order would result in this matter’s dismissal. (Id.). On July 29, 2021, the Court issued an Order to Show Cause directing Plaintiff to show cause why this case should not be dismissed for Plaintiff’s failure to timely refile an IFP application. (Doc. No. 7). That Order provided Plaintiff 14 days to…