Bastian v. United States of America
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No. CV 10-2743-PHX-RCB (ECV)
On December 22, 2010, Plaintiff Thomas Bastian, who is confined in the Arizona
State Prison Complex-Eyman in Florence, Arizona, filed a pro se “Complaint Pursuant to
Rules 41(e) and (g) of Criminal Procedure for Return of Property.”
In a January 3, 2011 Order, the Court noted that Plaintiff had not paid the $350.00
civil action filing fee or filed an Application to Proceed In Forma Pauperis. The Court
gave Plaintiff 30 days either to pay the fee or file a complete Application to Proceed,
warned Plaintiff that the Court may dismiss the case if Plaintiff failed to timely comply
with every provision of the Order, and informed Plaintiff that the Clerk of Court would
enter a judgment of dismissal of this action if he failed to either pay the filing fee or file a
complete Application to Proceed within 30 days.
On January 19, 2011, Plaintiff filed a Motion for Filing of Search Warrant
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
dismissed the case pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and
denied as moot the Motion for Filing of Search Warrant Affidavit. On February 22,
2011, the Clerk of Court entered Judgment.
On December 11, 2012, Plaintiff filed a “Motion Requesting Filing of Search
Warrant Affidavit and Copy of Search Warrant and Attachments” (Doc. 8), in which he
requests that the Court “unseal the probable cause affidavit and transcripts, and provide
the [Plaintiff] with a copy of the search warrant, attachments, return of search warrant,
and search warrant affidavit.” Because this case is closed, the Court will deny Plaintiff’s
IT IS ORDERED:
Plaintiff’s “Motion Requesting Filing of Search Warrant Affidavit and
Copy of Search Warrant and Attachments” (Doc. 8) is denied.
DATED this 19th day of March, 2013.
This case must remain closed.
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