Cheney v. Arizona Department of Corrections et al

Filing 9

ORDER denying 8 Motion to Compel ADOC-Central Office to Send Plaintiff a Certified Trust Fund Account Statement Showing Deposits and Average Monthly Balances. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350. 00 filing fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement from the ADOC's Central Office. If Plaintiff fails to timely comply, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge G Murray Snow on 7/20/11.(DMT)

1

WO

MDR

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13

)
)
)
Plaintiff,
)
)
vs.
)
Arizona Department of Corrections, et al.,)
)
)
Defendants.
)
Jimmy Lee Cheney,

No. CV 11-816-PHX-GMS (ECV)
ORDER

14
15

On April 21, 2011, Plaintiff Jimmy Lee Cheney, who is confined in the Arizona State

16

Prison Complex-Lewis in Buckeye, Arizona, filed a pro se civil rights Complaint pursuant

17

to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In an April 25, 2011

18

Order, the Court denied the deficient Application to Proceed and gave Plaintiff 30 days to

19

pay the fee or file a complete Application to Proceed In Forma Pauperis.

20

On May 31, 2011, Plaintiff filed a “Motion to Request a Thirty Day Extension of

21

Time to Complete Application to Proceed In Forma Pauperis with Six Month Trust Account

22

Statement.” In a June 2, 2011 Order, the Court granted the Motion and gave Plaintiff an

23

additional 30 days to either pay the $350.00 filing fee or file a complete Application to

24

Proceed In Forma Pauperis.

25

On July 14, 2011, Plaintiff filed a “Motion to Request this Court Order ADOC-

26

Central Office to Send Plaintiff a Certified Trust Fund Account Statement Showing Deposits

27

and Average Monthly Balances” (Doc. 8).

28
JDDL

1

I.

Pending Motion

2

In his Motion, Plaintiff requests that the Court order the Arizona Department of

3

Corrections (ADOC) to send Plaintiff a certified trust fund account statement. Plaintiff states

4

that the Court has granted him “two (2) continuances and A.D.O.C. has still not produced the

5

[account statement].” Plaintiff contends that ADOC is “fully aware” that Plaintiff needs the

6

account statement because of the Court’s April 25th Order and because Plaintiff has

7

submitted two inmate letters.

8

The Court has granted Plaintiff one continuance, not two. In addition, a copy of the

9

Court’s April 25th Order was never sent to ADOC. Given the fact that the Court has had

10

virtually no prior problems with ADOC personnel providing inmates with certified trust

11

account statements, the Court will not intervene at this time. Although the Court is not aware

12

of the precise steps an inmate must take to obtain a certified trust account statement, if

13

Plaintiff submits another inmate letter to ADOC officials seeking a copy of his certified trust

14

account statement, he should attach a copy of this Order to his request.
Although the Court will deny Plaintiff’s Motion, the Court, in its discretion, will grant

15
16

Plaintiff an additional 30 days within which to comply with the April 25th Order.

17

II.

Warnings

18

A.

Address Changes

19

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

20

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

21

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

22

action.

23
24

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

25

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

26

to Plaintiff.

27

....

28
JDDL

B.

Copies

....
-2-

1

C.

Possible Dismissal

2

If Plaintiff fails to timely comply with every provision of the April 25th Order and this

3

Order, including these warnings, the Court may dismiss this action without further notice.

4

See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss

5

an action for failure to comply with any order of the Court).

6

IT IS ORDERED:

7

(1)

Plaintiff’s “Motion to Request this Court Order ADOC-Central Office to Send

8

Plaintiff a Certified Trust Fund Account Statement Showing Deposits and Average Monthly

9

Balances” (Doc. 8) is denied.

10

(2)

Within 30 days of the date this Order is filed, Plaintiff must either pay the

11

$350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a

12

certified six-month trust account statement from the ADOC’s Central Office.

13

(3)

If Plaintiff fails to either pay the $350.00 filing fee or file a complete

14

Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a

15

judgment of dismissal of this action without prejudice and without further notice to Plaintiff.

16

DATED this 20th day of July, 2011.

17
18
19
20
21
22
23
24
25
26
27
28
JDDL

-3-