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)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Ammar Dean Halloum, 10 Plaintiff, 11 vs. 12 Charles L. Ryan, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV 11-0097-RCB (JFM) ORDER TO SHOW CAUSE 15 In January 2011, Plaintiff Ammar Dean Halloum, who was then an inmate in the 16 Arizona State Prison Complex in Tucson, Arizona, filed a pro se Complaint pursuant to 42 17 U.S.C. § 1983 (Doc. 1). Defendants and Plaintiff have filed Motions for Summary 18 Judgment, which are still under consideration (Docs. 52, 55). 19 Before ruling on the summary judgment motions, the Court will order Plaintiff to pay 20 the statutory filing fee or show cause why he has not paid the balance of his filing fee. 21 I. Outstanding Filing Fee 22 When Plaintiff filed this action, the Court granted him in forma pauperis status and 23 assessed the statutory filing fee of $350.00 (Doc. 5). Plaintiff was cautioned that in the event 24 of his release, he would be required to pay the balance of the filing fee within 120 days or 25 show cause why he cannot pay (id. at 8). 26 27 28 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 1 Court will provide him 30 days to either pay the $350.00 filing fee or file a “Response” to 2 this Order. Plaintiff’s Response must either promise to pay the unpaid balance within 30 3 days from the date of this Order or show good cause why he cannot pay the outstanding 4 balance of the filing fee. Plaintiff’s Response must be made under penalty of perjury. See 5 28 U.S.C. § 1746 (oath requirement may be satisfied when a person declares under penalty 6 of perjury that the submission is true and correct and signs and dates the document). 7 II. Warning 8 If Plaintiff fails to timely comply with this Order to Show Cause, the Court may 9 dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 10 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order 11 of the Court). 12 IT IS ORDERED that within 30 days from the date of this Order, Plaintiff must 13 either pay the $350.00 filing fee or file a Response showing good cause why he cannot pay 14 the filing fee. 15 DATED this 11th day of October, 2012. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?