Trueman v. Hawaii, State of et al

Filing 16

ORDER that Pla's 14 motion for an extension of time is granted to the extent set forth below. Pla is granted until August 16, 2010 in which to file a first amended complaint in compliance with the 06/15/10 Order. If Pla fails to comply, the Cl erk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Signed by Judge Robert C Broomfield on 07/25/10. (ESL)

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Trueman v. Hawaii, State of et al Doc. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL-K WO SC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA James K. Trueman, Plaintiff, vs. State of Hawaii, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. CV 09-2179-PHX-RCB (DKD) ORDER Plaintiff James K. Trueman, who is confined in the Saguaro Correctional Center (SCC), a Corrections Corporation of America (CCA) facility in Eloy, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. 1983 in the District of Hawaii. The District of Hawaii subsequently transferred the case to this District as the proper venue. In an Order filed June 15, 2010, the Court dismissed the Complaint with leave to amend within 30 days. (Doc. 11.) Plaintiff has filed a motion for a 30 day extension of the deadline to file an amended complaint due to limited library access. (Doc. 14.) The Court will grant Plaintiff an extension until August 16, 2010 within which to file a first amended complaint in compliance with the June 15, 2010 Order. Warnings A. Release Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release. Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result in dismissal of this action. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL-K B. Address Changes Plaintiff must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action. C. Copies Plaintiff must submit an additional copy of every filing for use by the Court. See LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice to Plaintiff. D. Possible "Strike" Because the Complaint has been dismissed for failure to state a claim, if Plaintiff fails to file an amended complaint correcting the deficiencies identified in the Order filed on June 15, 2010, the dismissal may count as a "strike" under the "3-strikes" provision of 28 U.S.C. 1915(g). Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. 1915 "if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. 1915(g). E. Possible Dismissal If Plaintiff fails to timely comply with every provision of this Order and the Order filed June 15, 2010, doc. 11, and these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any order of the Court). IT IS ORDERED: (1) Plaintiff's motion for an extension of time to comply with the June 15, 2010 Order, doc. 11, is granted to the extent set forth below. (Doc. 14.) (2) Plaintiff is granted until August 16, 2010 in which to file a first amended -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL-K complaint in compliance with the June 15, 2010 Order. (3) If Plaintiff fails to file an amended complaint by August 16, 2010, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. 1915(g). DATED this 25th day of July, 2010. -3-

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