Claxton v. Ryan et al

Filing 4

ORDER - Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a certified six-month trust account statement from the ADOC's Central Office. If Plaintiff fails to either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. (See document for further details). Signed by Judge G Murray Snow on 7/11/11. (Attachments: # 1 Application (non-habeas) form)(LAD)

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1 WO KM 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Richard William Claxton, Plaintiff, 10 11 vs. 12 Charles L. Ryan, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-1266-PHX-GMS (ECV) ORDER 15 16 Plaintiff Richard Claxton and four other inmates, who are confined in the Arizona 17 State Prison Complex-Yuma, filed a pro se civil rights Complaint pursuant to 42 U.S.C. 18 § 1983. In an June 27, 2011 Order, the Court the severed the action into individual cases. 19 See Doc. 11 in CIV 11-934-PHX-GMS (ECV). Plaintiff has not paid the $350.00 civil action 20 filing fee or filed a proper Application to Proceed In Forma Pauperis. The Court will give 21 Plaintiff 30 days to pay the fee or file a completed Application to Proceed In Forma 22 Pauperis. 23 I. Payment of Filing Fee 24 When bringing an action, a prisoner must either pay the $350.00 filing fee in a lump 25 sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally 26 as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma pauperis requires 27 an affidavit of indigence and a certified copy of the inmate’s trust account statement for the 28 JDDL 1 six months preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must 2 submit statements from each institution where he was confined during the six-month period. 3 Id. To assist prisoners in meeting these requirements, the Court requires use of a form 4 application. LRCiv 3.4(a). 5 If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an 6 initial partial filing fee of 20% of either the average monthly deposits or the average monthly 7 balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An initial 8 partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4). The 9 balance of the fee will be collected in monthly payments of 20% of the preceding month’s 10 income credited to an inmate’s account, each time the amount in the account exceeds $10.00. 11 28 U.S.C. § 1915(b)(2). 12 II. Failure to Comply With Statute 13 Plaintiff has not paid the filing fee or submitted an Application to Proceed In Forma 14 Pauperis and certified six-month trust account statement. Plaintiff will be permitted 30 days 15 to either pay the $350.00 filing fee or file a complete Application to Proceed In Forma 16 Pauperis and certified six-month trust account statement. 17 The Arizona Department of Corrections (“ADOC”) has notified the Court that a 18 certified trust fund account statement showing deposits and average monthly balances is 19 available from the ADOC’s Central Office. Accordingly, Plaintiff must obtain the certified 20 copy of his ADOC trust fund account statement for the six months immediately preceding the 21 filing of the Complaint from the ADOC’s Central Office. 22 III. Warnings 23 24 Plaintiff must file and serve a notice of a change of address in accordance with Rule 25 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 26 relief with a notice of change of address. Failure to comply may result in dismissal of this 27 action. 28 JDDL A. Address Changes ... -2- 1 B. Copies 2 Plaintiff must submit an additional copy of every filing for use by the Court. See 3 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 4 to Plaintiff. 5 C. Possible Dismissal 6 If Plaintiff fails to timely comply with every provision of this Order, including these 7 warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 8 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to 9 comply with any order of the Court). 10 IT IS ORDERED: 11 (1) Within 30 days of the date this Order is filed, Plaintiff must either pay the 12 $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a 13 certified six-month trust account statement from the ADOC’s Central Office. 14 (2) If Plaintiff fails to either pay the $350.00 filing fee or file a completed 15 Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a 16 judgment of dismissal of this action without prejudice and without further notice to Plaintiff. 17 18 19 (3) The Clerk of the Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). DATED this 11th day of July, 2011. 20 21 22 23 24 25 26 27 28 JDDL -3-

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