Raymond Garcia v. San Bernardino County

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

RAYMOND GARCIA, No. ED CV 20-01443-FMO (DFM)

Plaintiff, ORDER DISMISSING ACTION FOR

FAILURE TO PROSECUTE

v.

SAN BERNARDINO COUNTY et al.,

Defendants.

In July 2020, state prisoner Raymond Garcia II (“Plaintiff”) filed a pro se civil rights Complaint under 42 U.S.C. § 1983. See Dkt. 1. On July 23, 2020, the Court ordered Plaintiff to submit a completed CV-60P within 21 days, see Dkt. 5, which Plaintiff did not do. The Court therefore issued an order to show cause, see Dkt. 9, ordering Plaintiff within 28 days to either file his completed CV-60P or show good cause in writing why this case should not be dismissed for failure to prosecute and failure to comply with the Court’s prior order. Plaintiff did not respond. A plaintiff bears the burden of showing a financial inability to pay the filing fee. 28 U.S.C. § 1915(a); Andrews v. King, 398 F.3d 1113, 1119 (9th Cir. 2005) (prisoners must demonstrate that they are not able to pay the filing fee with affidavit and submission of prison trust account records). To qualify for in forma pauperis status, a civil litigant must…