Roehl v. Arpaio et al
Filing
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ORDER TO SHOW CAUSE the reference to the Magistrate Judge is withdrawn only with respect to Plaintiff's Motion for a 60 Day Stop Payment 21 . All other matters in this action remain with the Magistrate Judge for disposition as appropriate. Plai ntiff's Motion for a 60 Day Stop Payment 21 is denied. Within 30 days from the date this Order is filed, Plaintiff must either pay the $149.06 balance of the $350.00 filing fee or file a Response. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal without prejudice. Signed by Judge G Murray Snow on 10/13/11. (TLJ)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Corey Demetries Roehl,
Plaintiff,
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vs.
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Joseph M. Arpaio, et al.,
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Defendants.
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No. CV 10-2424-PHX-GMS (LOA)
ORDER TO SHOW CAUSE
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Plaintiff Corey Demetries Roehl, who was formerly confined in the Arizona State
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Prison-Phoenix, has filed a pro se Complaint pursuant to 42 U.S.C. § 1983. Plaintiff was
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granted leave to proceed in forma pauperis and assessed the statutory filing fee of 350.00.
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(Doc. 5). On September 12, 2011, Plaintiff filed a “Motion for a 60 Day Stop Payment” in
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which he notified the Court that he has been released and requests a 60-day “hold” on his
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filing fee payments. Plaintiff was cautioned that in the event of his release, he would be
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required to pay the balance of the filing fee within 120 days or show cause why he cannot
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pay. Currently, Plaintiff owes $149.06 towards the fee.
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collection of his partial fee payments because there is no mechanism for the Court to collect
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partial payments of the filing fee. Accordingly, the Court will deny Plaintiff’s Motion for
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a 60 Day Stop Payment. However, Plaintiff will be given 30 days from the date this Order
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JDDL
Because Plaintiff is no longer in custody, the Court cannot “hold” or stay the
is filed to either pay the $149.06 balance of the filing fee or file a “Response” to this Order.
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Plaintiff’s Response must state the date of his release and must either promise to pay
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the unpaid balance of the filing fee within 120 days from the date of his release or show
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good cause why he cannot pay the outstanding balance of the filing fee. Plaintiff’s
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Response must be made under penalty of perjury. See 28 U.S.C. § 1746 (oath requirement
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may be satisfied when a person declares under penalty of perjury that the submission is true
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and correct and signs and dates the document).
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If Plaintiff fails to timely comply with every provision of this Order, the Court may
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dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61
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(9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order
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of the Court).
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IT IS ORDERED:
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(1)
The reference to the Magistrate Judge is withdrawn only with respect to
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Plaintiff’s Motion for a 60 Day Stop Payment (Doc. 21). All other matters in this action
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remain with the Magistrate Judge for disposition as appropriate.
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(2)
Plaintiff’s Motion for a 60 Day Stop Payment (Doc. 21) is denied.
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(3)
Within 30 days from the date this Order is filed, Plaintiff must either pay the
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$149.06 balance of the $350.00 filing fee OR file a Response as described above.
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If Plaintiff fails to pay the balance of the filing fee or file a Response to this
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Order within 30 days, the Clerk of Court must enter a judgment of dismissal of this action
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without prejudice.
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DATED this 13th day of October, 2011.
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JDDL
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