Unreported / Non-Citable
Background
Jose Zendejas filed a civil action against the United States and other defendants in the U.S. District Court for the Eastern District of California. The case was assigned case number 2:26-cv-2845-JDP and designated as a pro se matter, as indicated by the '(P)' notation in the caption. The order reflects a months-long pattern of noncompliance with the court's fee-related directives.
On August 25, 2026, the court ordered Zendejas to submit within thirty days either the required filing fee or a complete application for leave to proceed in forma pauperis. On September 21, 2026, Zendejas filed what he called a 'request to accept in forma pauperis and fee waiver,' but the court found that filing did not comply with its directions. On September 25, 2026, the court gave Zendejas one final opportunity to settle the fee, either by paying it in full or filing a properly supported in forma pauperis application.
Zendejas did not comply with that order. The court therefore issued the present order to show cause, filed November 5, 2026, as Document 6, signed by United States Magistrate Judge Jeremy D. Peterson.
The Court’s Holding
Magistrate Judge Peterson ordered Zendejas to show cause within twenty-one days why the case should not be dismissed for failure to pay the filing fee, failure to prosecute, and failure to comply with court orders. The court grounded its authority to impose sanctions, including dismissal, in Federal Rule of Civil Procedure 41(b), Eastern District of California Local Rule 110, and Ninth Circuit precedent, citing Hells Canyon Preservation Council v. U.S. Forest Service and Carey v. King.
The court acknowledged that involuntary dismissal is a harsh penalty but emphasized the duty to administer justice expeditiously, citing Pagtalunan v. Galaza and Federal Rule of Civil Procedure 1. To manage its docket, the court requires litigants to meet deadlines, and Zendejas had failed to do so despite multiple chances.
The order gave Zendejas a clear path forward: within twenty-one days he must either pay the required filing fee or submit a complete in forma pauperis application. Critically, the court did not dismiss the case; it warned that failure to respond would constitute another failure to comply and would result in a recommendation that the action be dismissed. The Clerk of Court was directed to send Zendejas the court's form in forma pauperis application.
Key Takeaways
- A magistrate judge in the Eastern District of California ordered a pro se plaintiff to show cause within twenty-one days why his case should not be dismissed for failing to pay the filing fee or submit a complete in forma pauperis application.
- The plaintiff had been given at least two prior opportunities to resolve the fee issue, in August 2026 and September 2026, but failed to comply with either directive.
- The court relied on Federal Rule of Civil Procedure 41(b), Local Rule 110, and Ninth Circuit case law for its authority to impose sanctions, including dismissal, for noncompliance.
- The court directed the Clerk of Court to send the plaintiff the proper in forma pauperis application form so he can cure the deficiency if he wishes to proceed.
- The case was not dismissed by this order; if the plaintiff fails to respond, the court will treat that as an additional violation and will only recommend dismissal of the action.
Why It Matters
This order illustrates the procedural safeguards federal courts employ before dismissing a case for failure to pay filing fees or prosecute. Rather than dismissing outright, the magistrate judge issued a show-cause order giving the plaintiff notice of the specific deficiencies and a final opportunity to cure them, with dismissal framed only as a potential recommendation if he does not respond.
The order underscores the importance of complying with court orders regarding filing fees and in forma pauperis applications. Even litigants who cannot afford the filing fee must follow proper waiver procedures, and courts will not indefinitely tolerate noncompliance, though they will typically provide the correct forms and a final chance to comply first.