Mathew-Allen McCaster v. Franchise Tax Board, et al.

Summary

The United States District Court for the Eastern District of California ordered pro se plaintiff Mathew-Allen McCaster to show cause why the action should not be dismissed. The order addresses his failure to properly supplement his in forma pauperis application and to file a required Second Amended Complaint, and permits him to respond by complying with prior orders or voluntarily dismissing the action.

Holdings

1. Plaintiff's incomplete application and inadequate declaration did not establish eligibility for in forma pauperis status, and because he had not paid the filing fee, the action could not proceed at that time.
2. Plaintiff was required to show cause why his failures to comply with the court's orders should not result in a recommendation that the action be dismissed.
3. The motion to vacate was improper because no judgment had been entered in the action.

Questions Presented

1. Whether plaintiff's failure to supplement his in forma pauperis motion or pay the filing fee prevented the action from proceeding.
2. Whether plaintiff's failure to file a second amended complaint as ordered warranted an order to show cause under Federal Rule of Civil Procedure 41(b) and Local Rule 110.
3. Whether plaintiff's motion to vacate was proper when no judgment had been entered.

Disposition

other