Randy Ausborn v. Newsom et al.

Summary

The United States District Court for the Eastern District of California ordered prisoner-plaintiff Randy Ausborn to show cause why his civil rights action should not be dismissed as a sanction for allegedly misrepresenting his prior litigation history under penalty of perjury. The order set a November 14, 2025 deadline and stated that failure to respond could result in dismissal as a strike, while permitting voluntary dismissal under Federal Rule of Civil Procedure 41 to avoid a further strike.

Holdings

1. When a prisoner appears to have falsely certified under penalty of perjury that he has filed no prior lawsuits, the court may require him to show cause why the action should not be dismissed as a sanction for abuse of the judicial process under Rule 11 and the court's inherent authority.
2. The court deferred ruling on plaintiff's motion to proceed in forma pauperis until after plaintiff responded to the order to show cause.

Questions Presented

1. Whether plaintiff's apparent misrepresentation of his prior prisoner litigation history warranted an order to show cause concerning dismissal as a sanction under Federal Rule of Civil Procedure 11 and the court's inherent authority.
2. Whether the court should defer ruling on plaintiff's in forma pauperis motion pending his response to the order to show cause.

Disposition

other