Bastian v. United States of America

Filing 9

ORDER denying 8 Plaintiff's Motion Requesting Filing of Search Warrant Affidavit and Copy of Search Warrant and Attacments. This case must remain closed. Signed by Senior Judge Robert C Broomfield on 3/19/13.(TLJ)

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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,

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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
Affidavit.
In a February 22, 2011 Order, the Court noted that Plaintiff had not paid the 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” (Doc. 8), in which he

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requests that the Court “unseal the probable cause affidavit and transcripts, and provide

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the [Plaintiff] with a copy of the search warrant, attachments, return of search warrant,

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and search warrant affidavit.” Because this case is closed, the Court will deny Plaintiff’s

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Motion.

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IT IS ORDERED:
(1)

Plaintiff’s “Motion Requesting Filing of Search Warrant Affidavit and

Copy of Search Warrant and Attachments” (Doc. 8) is denied.

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(2)

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DATED this 19th day of March, 2013.

This case must remain closed.

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