Neuendorf v. Arizona, State of

Filing 3

ORDER within 30 days of the date this Order is filed, Petitioner must either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis. Clerk must enter dismissal without prejudice if Petitioner fails to comply. Signed by Judge Robert C Broomfield on 10/28/10. (Attachments: #(1) IFP Form). (LSP)

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--DKD Neuendorf v. Arizona, State of Doc. 3 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 JDDL WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA John Calvin Neuendorf, II, Petitioner, vs. State of Arizona, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-2238-PHX-RCB (DKD) ORDER Petitioner John Calvin Neuendorf, II, who is confined in the Maricopa County Fourth Avenue Jail, has filed a pro se "Writ of Mandamus" (Doc. 1), which the Court will construe as a Petition for a Writ of Mandamus. Petitioner has not paid the $350.00 civil action filing fee or filed an Application to Proceed In Forma Pauperis. The Court will give Petitioner 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 Petition. 28 U.S.C. 1915(a)(2). An inmate must 28 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 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 Petitioner'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 Petitioner 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, Petitioner will be permitted 30 days to 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. III. Warnings A. Address Changes Petitioner 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. Petitioner 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 Petitioner 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 Petitioner. C. Possible Dismissal If Petitioner fails to timely comply with every provision of this Order, including these -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 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, Petitioner must 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. (2) If Petitioner 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 Petitioner. (3) The Clerk of the Court must mail to Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). DATED this 28th day of October, 2010. -3-

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