Bastian v. United States of America

Filing 11

ORDER Plaintiff's Motion Requesting Court Order Compelling Petitioner Possession and Access to a Personal Typewriter (Doc. 10 ) is denied. This case must remain closed. The Clerk of Court shall accept no further documents for filing in this case number. Signed by Senior Judge Robert C Broomfield on 10/28/2013.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas Bastian,

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No. CV 10-2743-PHX-RCB (ECV)
Plaintiff,

vs.

ORDER

United States,
Defendant.

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On December 22, 2010, Plaintiff Thomas Bastian, who is confined in the Arizona

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State Prison Complex-Eyman in Florence, Arizona, filed a pro se “Complaint Pursuant to

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Rules 41(e) and (g) of Criminal Procedure for Return of Property.”

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In a January 3, 2011 Order, the Court noted that Plaintiff had not paid the $350.00

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civil action filing fee or filed an Application to Proceed In Forma Pauperis. The Court

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gave Plaintiff 30 days either to pay the fee or file a complete Application to Proceed,

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warned Plaintiff that the Court may dismiss the case if Plaintiff failed to timely comply

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with every provision of the Order, and informed Plaintiff that the Clerk of Court would

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enter a judgment of dismissal of this action if he failed to either pay the filing fee or file a

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complete Application to Proceed within 30 days.

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On January 19, 2011, Plaintiff filed a Motion for Filing of Search Warrant

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Affidavit. In a February 22, 2011 Order, the Court noted that Plaintiff had not paid the

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filing fee or filed an Application to Proceed In Forma Pauperis. Therefore, the Court

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dismissed the case pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and

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denied as moot the Motion for Filing of Search Warrant Affidavit. On February 22,

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2011, the Clerk of Court entered Judgment.

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On December 11, 2012, Plaintiff filed a “Motion Requesting Filing of Search

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Warrant Affidavit and Copy of Search Warrant and Attachments.” In a March 19, 2013

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Order, the Court denied the Motion because this case is closed.

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On October 7, 2013, Plaintiff, through a “next friend,” filed a Motion Requesting

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Court Order Compelling Petitioner Possession and Access to a Personal Typewriter

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(Doc. 10). Plaintiff seeks permission to possess and access a personal typewriter to

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prepare an inchoate habeas corpus petition. Even if the Court granted “next friend” status

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to the individual who filed the Motion, the Court would nevertheless deny the Motion

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because this case is closed. This case has been closed for twenty months and, even it was

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not, Plaintiff’s Motion is completely unrelated to the subject matter of this case. Thus,

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the Court will deny Plaintiff’s Motion.

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IT IS ORDERED:

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(1)

Plaintiff’s Motion Requesting Court Order Compelling Petitioner

Possession and Access to a Personal Typewriter (Doc. 10) is denied.

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(2)

This case must remain closed.

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(3)

The Clerk of Court shall accept no further documents for filing in this

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case number.
DATED this 28th day of October, 2013.

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