Mac Garcia-Garcia v. J. Doer, et al.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in this Bivens civil rights action. The court dismissed the action without prejudice for failure to obey court orders, failure to prosecute, and failure to comply with Local Rule 183(b), and denied the plaintiff’s application to proceed in forma pauperis. The Clerk was directed to close the case.

Holdings

1. Dismissal without prejudice was warranted because plaintiff failed to submit the ordered inmate trust-account statement, failed to comply with the order to show cause, failed to prosecute the action, and failed to keep the court apprised of his current address.
2. The application to proceed in forma pauperis was denied because plaintiff failed to submit the required inmate trust-account statement and did not pay the filing fee.
3. The order to show cause was properly served despite being returned as undeliverable because plaintiff had not filed a notice of change of address.

Questions Presented

1. Whether the action should be dismissed without prejudice as a sanction for failure to obey court orders, failure to prosecute, and failure to comply with Local Rule 183(b).
2. Whether plaintiff's application to proceed in forma pauperis should be denied after he failed to submit the required inmate trust-account statement or pay the filing fee.

Disposition

dismissed