Halloum v. Ryan et al

Filing 73

ORDER TO SHOW CAUSE that within 30 days from the date of this Order, Plaintiff must either pay the $350.00 filing fee or file a Response showing good cause why he cannot pay the filing fee. Signed by Senior Judge Robert C Broomfield on 10/11/12. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ammar Dean Halloum,

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Plaintiff,

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vs.

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Charles L. Ryan, et al.,

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Defendants.

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No. CV 11-0097-RCB (JFM)
ORDER TO SHOW CAUSE

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In January 2011, Plaintiff Ammar Dean Halloum, who was then an inmate in the

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Arizona State Prison Complex in Tucson, Arizona, filed a pro se Complaint pursuant to 42

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U.S.C. § 1983 (Doc. 1). Defendants and Plaintiff have filed Motions for Summary

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Judgment, which are still under consideration (Docs. 52, 55).

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Before ruling on the summary judgment motions, the Court will order Plaintiff to pay

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the statutory filing fee or show cause why he has not paid the balance of his filing fee.

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I.

Outstanding Filing Fee

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When Plaintiff filed this action, the Court granted him in forma pauperis status and

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assessed the statutory filing fee of $350.00 (Doc. 5). Plaintiff was cautioned that in the event

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of his release, he would be required to pay the balance of the filing fee within 120 days or

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show cause why he cannot pay (id. at 8).

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On April 21, 2011, Plaintiff filed a Notice of Change of Address indicating that he
was no longer incarcerated (Doc. 16). To date, Plaintiff owes the full $350.00 filing fee.
Although more than 120 days have passed since the date of Plaintiff’s release, the

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Court will provide him 30 days to either pay the $350.00 filing fee or file a “Response” to

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this Order. Plaintiff’s Response must either promise to pay the unpaid balance within 30

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days from the date of this Order or show good cause why he cannot pay the outstanding

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balance of the filing fee. Plaintiff’s Response must be made under penalty of perjury. See

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28 U.S.C. § 1746 (oath requirement may be satisfied when a person declares under penalty

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of perjury that the submission is true and correct and signs and dates the document).

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II.

Warning

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If Plaintiff fails to timely comply with this Order to Show Cause, 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 that within 30 days from the date of this Order, Plaintiff must

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either pay the $350.00 filing fee or file a Response showing good cause why he cannot pay

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the filing fee.

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DATED this 11th day of October, 2012.

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