Hassan v. Maricopa County Sheriffs Office et al

Filing 5

ORDER denying 4 Motion for Leave to Proceed in forma pauperis without prejudice. Within 30 days, pla must either pay the $350.00 filing fee or file a complete application to proceed in forma pauperis (ifp) and a certified 6-mo trust account st atement. If pla fails to either pay the $350.00 filing fee or file a complete application to proceed ifp within 30 days, the Clerk must enter a judgment of dismissal of this action without prejudice and without further notice to pla. (See document for full details). Signed by Judge Robert C Broomfield on 11/7/2009. (Attachments: # 1 Application to Proceed In Forma Pauperis (Non-Habeas) form)(LAD)

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MDR

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) Maricopa County Sheriff's Office, et al., ) ) ) ) Defendants. ) Said Ali Hassan,

No. CV 09-2219-PHX-RCB (ECV) ORDER

Plaintiff Said Ali Hassan, who is confined in the Arizona State Prison ComplexFlorence in Florence, Arizona, has filed a pro se civil rights Complaint (Doc. #1) and a deficient Application to Proceed In Forma Pauperis (Doc. #4). The Court will deny the deficient Application to Proceed and will give Plaintiff 30 days to pay the fee or file a complete Application to Proceed In Forma Pauperis. I. Payment of Filing Fee When bringing an action, a prisoner must either pay the $350.00 filing fee in a lump sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma pauperis requires an affidavit of indigence and a certified copy of the inmate's trust account statement for the six months preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must submit statements from each institution where he was confined during the six-month period.

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Id. To assist prisoners in meeting these requirements, the Court requires use of a form application. LRCiv 3.4(a). If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an initial partial filing fee of 20% of either the average monthly deposits or the average monthly balance in Plaintiff's account, whichever is greater. 28 U.S.C. § 1915(b)(1). An initial partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4). The balance of the fee will be collected in monthly payments of 20% of the preceding month's income credited to an inmate's account, each time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). II. Application Fails to Comply With Statute Plaintiff has used the court-approved form, but the "Certificate of Correctional Official as to Status of Applicant's Trust Account" section is not completed, and the partial "Certified Statement of Account" has not been signed --the space for the "Signature of Authorized Employee" is blank. In light of these deficiencies, Plaintiff will be permitted 30 days to either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis. The Arizona Department of Corrections ("ADOC") has notified the Court that a certified trust fund account statement showing deposits and average monthly balances is available from the ADOC's Central Office. Accordingly, Plaintiff must obtain the certified copy of his ADOC trust fund account statement for the six months immediately preceding the filing of the Complaint from the ADOC's Central Office. III. Warnings A. 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.

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B.

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. C. Possible Dismissal

If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court). IT IS ORDERED: (1) Plaintiff's Application to Proceed In Forma Pauperis (Doc. #4) is denied

without prejudice. (2) Within 30 days of the date this Order is filed, Plaintiff must either pay the

$350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement from the ADOC's Central Office. (3) If Plaintiff fails to either pay the $350.00 filing fee or file a complete

Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. (4) The Clerk of the Court must mail Plaintiff a court-approved form for filing

an Application to Proceed In Forma Pauperis (Non-Habeas).
Dated this 7th day of November, 2009.

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