Booth v. Unknown Parties et al

Filing 3

ORDER - IT IS ORDERED: Within 30 days of the date this Order is filed, Pla must either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a certified trust account statement from the ADOC's Central O ffice that covers the six-month period immediately preceding the filing of the Complaint. If Pla fails to comply with this order, the Clerk of Court must enter a jgm of dismissal of this action without prejudice and without further notice to Pla. Special Prisoner Deadline set for 4/21/2010. Signed by Judge Mary H Murguia on 3/21/10. (Attachments: # 1 Instructions/Form for IFP (Non-Habeas)) (SAT)

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RP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Jerrod Len B.B. Booth, Plaintiff, vs. Director of D.O.C., et al., Defendants.

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No. CV 09-2404-PHX-MHM (DKD) ORDER

Plaintiff Jerrod Len B.B. Booth, who is confined in the Arizona State Prison Complex-Lewis, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. #1). Plaintiff has not paid the $350.00 civil action filing fee or filed an Application to Proceed In Forma Pauperis. The Court will give Plaintiff 30 days to pay the fee or file a completed Application to Proceed In Forma Pauperis and a certified six-month trust account statement. 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

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submit statements from each institution where he was confined during the six-month period. 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. Failure to Comply With Statute Plaintiff has failed to comply with the provisions of 28 U.S.C. § 1915 by either paying the $350.00 civil action filing fee or filing an Application to Proceed In Forma Pauperis and a certified six-month trust account statement. Accordingly, Plaintiff will be permitted 30 days to either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a certified six-month trust account statement. 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 trust fund account statement 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. B. Copies

Plaintiff must submit an additional copy of every filing for use by the Court. See
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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) Within 30 days of the date this Order is filed, Plaintiff must either pay the

$350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a certified trust account statement from the ADOC's Central Office that covers the six-month period immediately preceding the filing of the Complaint. (2) If Plaintiff fails to either pay the $350.00 filing fee or file a completed

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. (3) 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 21st day of March, 2010.

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