Sambrano v. Opferbeck et al

Filing 8

ORDER TO SHOW CAUSE denying 7 Plaintiff's Request in his Letter for Leave to Proceed in forma pauperis. Within 30 days from the date this Order is signed, Plaintiff must either pay the $350.00 filing fee or file a Response as described. Clerk must enter dismissal without prejudice if Plaintiff fails to comply. Signed by Judge G Murray Snow on 6/24/11.(LSP) Modified on 6/24/2011 (LSP).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Anthony Sambrano,

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Plaintiff,

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vs.

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Opferbeck, et al.,
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Defendants.
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No. CV 11-119-PHX-GMS (LOA)
ORDER TO SHOW CAUSE

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On January 18, 2011, Plaintiff Anthony Sambrano, who was formerly confined in the

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Arizona State Prison Complex-Kingman, filed a pro se civil rights Complaint pursuant to 42

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U.S.C. § 1983 (Doc. 1), an Application to Proceed In Forma Pauperis (Doc. 3), and a

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“Certified Statement Of Account” (Doc. 4). On March 30, 2011, Plaintiff filed a Notice of

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Change of Address (Doc. 5) indicating he was no longer in custody.

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Order was signed to either pay the $350.00 filing fee or file a “Response” to the Order. The

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Court advised Plaintiff that his Response must state the date of his release and must either

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promise to pay the $350.00 filing fee within 120 days from the date of his release or show

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good cause why he cannot pay the filing fee. Plaintiff was also advised that his Response

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must be made under penalty of perjury.

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JDDL

By Order filed April 4, 2011 (Doc. 6), Plaintiff was given 30 days from the date the

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I.

Deficient Response

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On April 25, 2011, Plaintiff filed a Letter (Doc. 7), which appears to be appears to be

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a Response to the Court’s April 4, 2011 Order To Show Cause (Doc. 6). In his Letter,

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Plaintiff states that he is “applying for leave to proceed in forma pauperis without

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prepayment of costs or fees or the nec[]es[s]ity of giving security therefore.” Plaintiff also

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advises the Court that he “was recently released from the Arizona Department of

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Corrections” and that he is “currently unemployed.”

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Plaintiff’s Letter is deficient as a Response to the Court’s Order To Show Cause

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because Plaintiff has not stated his release date, has not provided enough information to show

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good cause why he cannot pay the filing fee, and has not signed the Letter under penalty of

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perjury as required. Although Plaintiff states that he is “currently unemployed,” he has not

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given any other information as to why he cannot pay the filing fee. Plaintiff does not list

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what assets he has, does not indicate what his costs of living are, and does not inform the

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Court about any other sources of income or savings that he may have.

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Accordingly, Plaintiff will be given one last chance to comply with the Court’s Order

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To Show Cause. Within 30 days from the date this Order is signed, Plaintiff must either pay

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the $350.00 filing fee or file a “Response” to this Order. Plaintiff’s Response must state the

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date of his release and must either promise to pay the $350.00 filing fee within 120 days from

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the date of his release or show good cause why he cannot pay the filing fee. Plaintiff’s

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Response must be made under penalty of perjury. See 28 U.S.C. § 1746 (oath requirement

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may be satisfied when a person declares under penalty of perjury that the submission is true

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and correct and signs and dates the document). Plaintiff’s request in the Letter to proceed

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in forma pauperis will be denied as moot because the Court previously granted Plaintiff’s

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Application to Proceed In Forma Pauperis (Doc. 3) in its April 4, 2011 Order To Show

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Cause (Doc. 6).

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complaints brought by prisoners seeking relief against a governmental entity or an officer or

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JDDL

Plaintiff is advised that even after he pays the filing fee, the Court is required to screen

an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a
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complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or

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malicious, that fail to state a claim upon which relief may be granted, or that seek monetary

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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

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II.

Format Requirements of Local Rules of Civil Procedure

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The Court notes that Plaintiff’s Letter (Doc. 7) utterly fails to meet the format

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requirements of Rule 7.1(a) of the Local Rules of Civil Procedure. Plaintiff is admonished

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that any pleading that he may submit for filing in the future must conform to the format

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requirements of Rule 7.1(a), or it will be stricken from the record without further notice to

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him. Simply mailing in a letter to the Clerk of Court or to a Magistrate or District Judge is

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not acceptable. Any request by Plaintiff for action from this Court must be in the form of a

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motion that is in the format required by the Local Rules of Civil Procedure.

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III.

Warnings

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A.

Address Changes

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Plaintiff must file and serve a notice of a change of address in accordance with Rule

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83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

Copies

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Plaintiff must submit an additional copy of every filing for use by the Court. See

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LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice

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to Plaintiff.

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C.

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If Plaintiff fails to timely comply with every provision of this Order, including these

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warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED:

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JDDL

(1)

Possible Dismissal

Plaintiff’s request in his Letter (Doc. 7) to proceed in forma pauperis is denied.
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(2)

Within 30 days from the date this Order is signed, Plaintiff must either pay the

$350.00 filing fee or file a Response as described above.
(3)

If Plaintiff fails to pay the filing fee or file a Response to this Order within 30

days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice.
DATED this 24th day of June, 2011.

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JDDL

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