Cates
(PC) Villalta v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE G. VILLALTA, Case No. 1:21-cv-01457-HBK Plaintiff, ORDER TO SHOW CAUSE
v. FOURTEEN-DAY RESPONSE PERIOD B. CATES, et al., Defendants. 16 Plaintiff Jose G. Villalta, a state prisoner, initiated this action by filing a pro se civil rights complaint under 42 U.S.C. § 1983 on September 29, 2021. (Doc. No. 1). The complaint was not accompanied by the filing fee and Plaintiff did not move to proceed in forma pauperis (“IFP”). (See docket). The Court accordingly ordered Plaintiff on October 1, 2021 to submit a completed IFP application or pay the $402.00 filing fee within 30 days, with failure to timely do so cause for dismissal. (Doc. No. 3). As of the date of this Order, Plaintiff has neither paid the filing fee nor filed an application to proceed in forma pauperis. (See docket) Federal Rule of Civil Procedure 41(b) permits courts to involuntarily dismiss an action when a litigant fails to prosecute an…