Delgado v. Arpaio et al

Filing 5

ORDER denying 2 Petitioner's Motion/Application for Leave to Proceed in forma pauperis, within 30 days of the date this Order is filed, Petitioner must pay the $5.00 filing fee. Clerk must enter dismissal without prejudice if petitioner fails to comply. Signed by Judge G Murray Snow on 7/6/11.(LSP)

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WO

SC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lorenzo Delgado,

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Petitioner,
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vs.

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Sheriff Joseph Arpaio, et al.,
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Respondents.

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No. CV 11-1208-PHX-GMS (ECV)
ORDER

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On June 20, 2011, Petitioner Lorenzo Delgado, who is confined in the Maricopa

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County’s Fourth Avenue Jail in Phoenix, Arizona, filed a pro se Application under 28 U.S.C.

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§ 2254 for Writ of Habeas Corpus by a Person in State or Federal Custody and an

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Application to Proceed In Forma Pauperis.1 (Doc. 2.) The Court will deny the Application

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with leave to pay the $5.00 filing fee within 30 days.

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JDDL

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Petitioner is being held on various charges pending in Maricopa County Superior Court,
case# CR2011-129647. See http://www.superiorcourt.maricopa.gov/docket/CriminalCourt
Cases/caseInfo.asp (Last visited July 6, 2011). Plaintiff was arraigned on June 30, 2011. Id.
as such, the Court construes the Petition as having been brought pursuant to 28 U.S.C.
§ 2241, rather than § 2254.

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I.

Application to Proceed In Forma Pauperis

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Local Rule of Civil Procedure 3.5(b) requires payment of the $5.00 statutory filing

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fee if a petitioner has more than $25.00 in his inmate account. Petitioner’s Application to

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Proceed indicates that he currently has $28.36 in his inmate account. Accordingly, the Court

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will deny the Application to Proceed and will give Petitioner 30 days to pay the $5.00 filing

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fee. If Petitioner fails to pay the $5.00 filing fee within 30 days, the Petition for a Writ of

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Habeas Corpus will be dismissed.

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II.

Warnings
A.

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Address Changes

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Petitioner 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. Petitioner 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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Petitioner must submit an additional copy of every filing for use by the Court. LRCiv

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

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Petitioner.

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C.

Possible Dismissal

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If Petitioner 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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1)

Petitioner’s Application To Proceed In Forma Pauperis is denied. (Doc. 2.)

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2)

Within 30 days of the date this Order is filed, Petitioner must pay the $5.00

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filing fee.

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JDDL

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3)

If Petitioner fails to pay the $5.00 filing fee, the Clerk of Court must enter a

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

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Petitioner.

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DATED this 6th day of July, 2011.

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JDDL

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