Halloum v. Ryan et al

Filing 82

ORDER that the plaintiff shall have fifteen (15) days from the date of entry of this order in which to either pay the $350.00 filing fee or file a response showing good cause why he cannot pay the filing fee; if the plaintiff fails to timely comply with this order in any way, the Clerk of the Court shall dismiss plaintiff's complaint in its entirety with prejudice. Signed by Senior Judge Robert C Broomfield on 9/30/2013. (LFIG)

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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 Ryan, et al.,

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Defendants.

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No. CV 11-97-PHX-RCB
O R D E R

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The court assumes familiarity with the prior proceedings in

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this action.

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among other things, ordered that the plaintiff pro se Ammar Dean

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Halloum “shall have fifteen (15) days from the date of entry of

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this order in which to either pay the $350.00 filing fee or file

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a response showing good cause why he cannot pay the filing

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fee[.]”

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original); see also Halloum v. Ryan, 2013 WL 1775589, at *4

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(April 25, 2013) (same). The court further warned the plaintiff

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that if he “fail[ed] to timely comply with th[at] order, . . .

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the court may dismiss this action without further notice[.]” Id.

Ord.

Most recently, on April 25, 2013,

(Doc.

81)

at

8:16-17,

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(4)

the court,

(emphasis

in

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at 8:18-20 (citation omitted).

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That April 25, 2013, order inadvertently indicated that if

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the plaintiff did not timely comply with paragraph (3), which

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vacated the November 28, 2012 order and judgment, then the court

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would, possibly, dismiss this lawsuit without further notice.

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See id. at 8:19, ¶ (5).

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to require the plaintiff to pay the filing fee or file a

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response showing good cause why he could not pay that filing fee

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within 15 days of the entry of that April 25, 2013 order.

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The obvious intent of that order was

To date, plaintiff has done neither.

However, in an

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abundance of caution and because the plaintiff is proceeding pro

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se, the court hereby ORDERS that:

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(1) the plaintiff shall have fifteen (15) days from
the date of entry of this order in which to either pay
the $350.00 filing fee or file a response showing good
cause why he cannot pay the filing fee;

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(2) the defendants shall file a reply, if any, within
fifteen (15) days after service of the responsive
memorandum; and

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(3) if the plaintiff fails to timely comply with this
order in any way, the Clerk of the Court shall dismiss
plaintiff’s complaint in its entirety with prejudice.

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DATED this 30th day of September, 2013.

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Copies to plaintiff pro se and counsel of record

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