Killinger 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. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal without prejudice. The Clerk of Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis. Signed by Judge G Murray Snow on 7/11/11. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas James Killinger,
Plaintiff,

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vs.

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Charles L. Ryan, et al.,
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Defendants.

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No. CV 11-1270-PHX-GMS (ECV)
ORDER

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Plaintiff Thomas James Killinger and four other inmates, who are confined in the

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Arizona State Prison Complex-Yuma, filed a pro se civil rights Complaint pursuant to 42

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U.S.C. § 1983. In an June 27, 2011 Order, the Court the severed the action into individual

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cases. See Doc. 11 in CIV 11-934-PHX-GMS (ECV). Plaintiff has not paid the $350.00

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civil action filing fee or filed a proper Application to Proceed In Forma Pauperis. The Court

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will give Plaintiff 30 days to pay the fee or file a completed Application to Proceed In Forma

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Pauperis.

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I.

Payment of Filing Fee

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When bringing an action, a prisoner must either pay the $350.00 filing fee in a lump

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sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally

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as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma pauperis requires

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an affidavit of indigence and a certified copy of the inmate’s trust account statement for the

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six months preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must

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submit statements from each institution where he was confined during the six-month period.

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Id. To assist prisoners in meeting these requirements, the Court requires use of a form

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application. LRCiv 3.4(a).

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If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an

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initial partial filing fee of 20% of either the average monthly deposits or the average monthly

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balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An initial

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partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4). The

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balance of the fee will be collected in monthly payments of 20% of the preceding month’s

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income credited to an inmate’s account, each time the amount in the account exceeds $10.00.

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28 U.S.C. § 1915(b)(2).

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II.

Failure to Comply With Statute

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Plaintiff has not paid the filing fee or submitted an Application to Proceed In Forma

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Pauperis and certified six-month trust account statement. Plaintiff will be permitted 30 days

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to either pay the $350.00 filing fee or file a complete Application to Proceed In Forma

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Pauperis and certified six-month trust account statement.

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The Arizona Department of Corrections (“ADOC”) has notified the Court that a

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certified trust fund account statement showing deposits and average monthly balances is

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available from the ADOC’s Central Office. Accordingly, Plaintiff must obtain the certified

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copy of his ADOC trust fund account statement for the six months immediately preceding the

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filing of the Complaint from the ADOC’s Central Office.

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III.

Warnings

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Plaintiff 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. Plaintiff 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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A.

Address Changes

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B.

Copies

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

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

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to Plaintiff.

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C.

Possible Dismissal

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If Plaintiff 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)

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

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

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

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(2)

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

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

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

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(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.

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