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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1 WO RP 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Anthony Sambrano, 10 Plaintiff, 11 vs. 12 Opferbeck, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-119-PHX-GMS (LOA) ORDER TO SHOW CAUSE 15 16 On January 18, 2011, Plaintiff Anthony Sambrano, who was formerly confined in the 17 Arizona State Prison Complex-Kingman, filed a pro se civil rights Complaint pursuant to 42 18 U.S.C. § 1983 (Doc. 1), an Application to Proceed In Forma Pauperis (Doc. 3), and a 19 “Certified Statement Of Account” (Doc. 4). On March 30, 2011, Plaintiff filed a Notice of 20 Change of Address (Doc. 5) indicating he was no longer in custody. 21 22 Order was signed to either pay the $350.00 filing fee or file a “Response” to the Order. The 23 Court advised Plaintiff that his Response must state the date of his release and must either 24 promise to pay the $350.00 filing fee within 120 days from the date of his release or show 25 good cause why he cannot pay the filing fee. Plaintiff was also advised that his Response 26 must be made under penalty of perjury. 27 JDDL By Order filed April 4, 2011 (Doc. 6), Plaintiff was given 30 days from the date the // 28 1 I. Deficient Response 2 On April 25, 2011, Plaintiff filed a Letter (Doc. 7), which appears to be appears to be 3 a Response to the Court’s April 4, 2011 Order To Show Cause (Doc. 6). In his Letter, 4 Plaintiff states that he is “applying for leave to proceed in forma pauperis without 5 prepayment of costs or fees or the nec[]es[s]ity of giving security therefore.” Plaintiff also 6 advises the Court that he “was recently released from the Arizona Department of 7 Corrections” and that he is “currently unemployed.” 8 Plaintiff’s Letter is deficient as a Response to the Court’s Order To Show Cause 9 because Plaintiff has not stated his release date, has not provided enough information to show 10 good cause why he cannot pay the filing fee, and has not signed the Letter under penalty of 11 perjury as required. Although Plaintiff states that he is “currently unemployed,” he has not 12 given any other information as to why he cannot pay the filing fee. Plaintiff does not list 13 what assets he has, does not indicate what his costs of living are, and does not inform the 14 Court about any other sources of income or savings that he may have. 15 Accordingly, Plaintiff will be given one last chance to comply with the Court’s Order 16 To Show Cause. Within 30 days from the date this Order is signed, Plaintiff must either pay 17 the $350.00 filing fee or file a “Response” to this Order. Plaintiff’s Response must state the 18 date of his release and must either promise to pay the $350.00 filing fee within 120 days from 19 the date of his release or show good cause why he cannot pay the filing fee. Plaintiff’s 20 Response must be made under penalty of perjury. See 28 U.S.C. § 1746 (oath requirement 21 may be satisfied when a person declares under penalty of perjury that the submission is true 22 and correct and signs and dates the document). Plaintiff’s request in the Letter to proceed 23 in forma pauperis will be denied as moot because the Court previously granted Plaintiff’s 24 Application to Proceed In Forma Pauperis (Doc. 3) in its April 4, 2011 Order To Show 25 Cause (Doc. 6). 26 27 complaints brought by prisoners seeking relief against a governmental entity or an officer or 28 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 -2- 1 complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or 2 malicious, that fail to state a claim upon which relief may be granted, or that seek monetary 3 relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 4 II. Format Requirements of Local Rules of Civil Procedure 5 The Court notes that Plaintiff’s Letter (Doc. 7) utterly fails to meet the format 6 requirements of Rule 7.1(a) of the Local Rules of Civil Procedure. Plaintiff is admonished 7 that any pleading that he may submit for filing in the future must conform to the format 8 requirements of Rule 7.1(a), or it will be stricken from the record without further notice to 9 him. Simply mailing in a letter to the Clerk of Court or to a Magistrate or District Judge is 10 not acceptable. Any request by Plaintiff for action from this Court must be in the form of a 11 motion that is in the format required by the Local Rules of Civil Procedure. 12 III. Warnings 13 A. Address Changes 14 Plaintiff must file and serve a notice of a change of address in accordance with Rule 15 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 16 relief with a notice of change of address. Failure to comply may result in dismissal of this 17 action. 18 B. Copies 19 Plaintiff must submit an additional copy of every filing for use by the Court. See 20 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 21 to Plaintiff. 22 C. 23 If Plaintiff fails to timely comply with every provision of this Order, including these 24 warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 25 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to 26 comply with any order of the Court). 27 IT IS ORDERED: 28 JDDL (1) Possible Dismissal Plaintiff’s request in his Letter (Doc. 7) to proceed in forma pauperis is denied. -3- 1 2 3 4 5 (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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL -4-

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