Herko v. Yuma County Sheriff's Office et al

Filing 5

ORDER granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis without prepaying fees or costs; denying 3 Plaintiff's Motion to Allow Electronic Filing. Signed by Judge David G Campbell on 7/18/11.(DMT)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Plaintiff, 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER vs. Yuma County Sheriff’s Office; Yuma County, Airzona, Arizona; and Ralph Ogden, Sheriff of Yuma County, in his official and individual capacities, 14 15 No. CV-11-0967-PHX DGC Robert Herko, Defendants. Plaintiff, a former professional photographer, claims that Defendants unlawfully seized and destroyed copyrighted photographs and other data stored on his personal computer. He brought suit asserting civil rights violations and various other claims. Doc. 1. Plaintiff’s motion to proceed without prepaying fees or costs (Doc. 2) will be granted. Doc. 2. See 28 U.S.C. § 1915(a)(1). The motion to allow electronic filing (Doc. 3) will be denied. The Court’s policy is to require pro se litigants to submit documents in paper form so that the Clerk’s Office can ensure the documents are properly filed. See LRCiv 5.5(d); ECF Admin. Policies & Procedures Manual, Dist. of Ariz. § II(B)(3). Plaintiff is advised that although he is proceeding pro se, he must become familiar with, and follow, the Federal Rules of Civil Procedure and the Rules of the United States District Court for the District of Arizona (“Local Rules”). See King v. Atiyeh, 814 F.2d 1 565, 567 (9th Cir. 1986) (“Pro se litigants must follow the same rules of procedure that 2 govern other litigants.”); Carter v. Comm’r of Internal Revenue, 784 F.2d 1006, 1008 3 (9th Cir. 1986) (“Although pro se, [plaintiff] is expected to abide by the rules of the court 4 in which he litigates.”). The Federal Rules of Civil Procedure are available at the 5 following Internet website: www.law.cornell.edu/rules/frcp/. 6 Local Rules of Civil Procedure may be obtained in the Clerk’s Office and are available 7 online at the Court’s Internet website: www.azd.uscourts.gov (follow hyperlink titled 8 “Opinions/Orders/Rules”). A copy of the Court’s 9 Plaintiff is further advised that he is responsible for serving process on each 10 Defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure. If Plaintiff fails to 11 prosecute this action, or if he fails to comply with the rules or any Court order, the Court 12 may dismiss the action with prejudice pursuant to Rule 41(b) of the Federal Rule of Civil 13 Procedure. 14 Moran, 46 F.3d 52, 54 (9th Cir. 1995). See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992); Ghazali v. 15 IT IS ORDERED: 16 1. 17 granted. 18 2. 19 Plaintiff’s motion to proceed without prepaying fees or costs (Doc. 2) is Plaintiff’s motion to allow electronic filing (Doc. 3) is denied. Dated this 18th day of July, 2011. 20 21 22 23 24 25 26 27 28 -2-

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