Summary
The United States District Court for the Eastern District of California ordered pro se plaintiff Devonte B. Harris to show cause within 14 days why his civil rights action should not be dismissed. The order states that Plaintiff failed to file an application to proceed in forma pauperis or pay the filing fee after being ordered to do so, and warns that noncompliance will result in a recommendation of dismissal for failure to obey court orders and prosecute.
Topics
Practice areas
Questions Presented
- Whether the court may require Plaintiff to show cause why the action should not be dismissed for failure to obey a court order and failure to prosecute.
- Whether Plaintiff should be given an opportunity to cure his failure by filing an application to proceed in forma pauperis or paying the filing fee.
Holdings
- A district court may use its inherent docket-management authority and applicable local rules to impose sanctions, including dismissal, when a party fails to prosecute an action, obey a court order, or comply with local rules.
Key quotations
“District courts have inherent power to control their dockets” (at 1)
“Failure to comply with this Order to Show Cause (OSC) will result in a recommendation that this action be dismissed for Plaintiff’s failure to obey court orders and failure to prosecute.” (at 2)
Factual background
Plaintiff Devonte B. Harris brought a pro se civil rights action under 42 U.S.C. § 1983. The court previously ordered him to submit an in forma pauperis application or pay the required filing fee within 45 days, but he did neither after the order was served.
Procedural history
On October 14, 2025, the court ordered Plaintiff to submit an application to proceed in forma pauperis or pay the filing fee within 45 days. More than 45 days after service of that order, Plaintiff had done neither, prompting the court to order him to show cause within 14 days why the action should not be dismissed.