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)
1
WO
SC
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10
Lorenzo Delgado,
11
Petitioner,
12
13
vs.
14
Sheriff Joseph Arpaio, et al.,
15
Respondents.
16
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No. CV 11-1208-PHX-GMS (ECV)
ORDER
17
18
On June 20, 2011, Petitioner Lorenzo Delgado, who is confined in the Maricopa
19
County’s Fourth Avenue Jail in Phoenix, Arizona, filed a pro se Application under 28 U.S.C.
20
§ 2254 for Writ of Habeas Corpus by a Person in State or Federal Custody and an
21
Application to Proceed In Forma Pauperis.1 (Doc. 2.) The Court will deny the Application
22
with leave to pay the $5.00 filing fee within 30 days.
23
/
/
/
24
25
26
27
JDDL
28
1
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.
1
I.
Application to Proceed In Forma Pauperis
2
Local Rule of Civil Procedure 3.5(b) requires payment of the $5.00 statutory filing
3
fee if a petitioner has more than $25.00 in his inmate account. Petitioner’s Application to
4
Proceed indicates that he currently has $28.36 in his inmate account. Accordingly, the Court
5
will deny the Application to Proceed and will give Petitioner 30 days to pay the $5.00 filing
6
fee. If Petitioner fails to pay the $5.00 filing fee within 30 days, the Petition for a Writ of
7
Habeas Corpus will be dismissed.
8
II.
Warnings
A.
9
Address Changes
10
Petitioner must file and serve a notice of a change of address in accordance with Rule
11
83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other
12
relief with a notice of change of address. Failure to comply may result in dismissal of this
13
action.
14
B.
Copies
15
Petitioner must submit an additional copy of every filing for use by the Court. LRCiv
16
5.4. Failure to comply may result in the filing being stricken without further notice to
17
Petitioner.
18
C.
Possible Dismissal
19
If Petitioner fails to timely comply with every provision of this Order, including these
20
warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,
21
963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to
22
comply with any order of the Court).
23
IT IS ORDERED:
24
1)
Petitioner’s Application To Proceed In Forma Pauperis is denied. (Doc. 2.)
25
2)
Within 30 days of the date this Order is filed, Petitioner must pay the $5.00
26
filing fee.
27
JDDL
28
-2-
1
3)
If Petitioner fails to pay the $5.00 filing fee, the Clerk of Court must enter a
2
judgment of dismissal of this action without prejudice and without further notice to
3
Petitioner.
4
DATED this 6th day of July, 2011.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
JDDL
28
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?