Killinger v. Ryan et al

Filing 6

ORDER that Plaintiff's 5 Motion for Release of Retention Funds is denied in part with respect to Plaintiff's request for a Court Order. The Motion is granted in part with respect to Plaintiffs request for additional time within which to p ay the filing fee. 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 comply, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge G Murray Snow on 09/02/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thomas J. Killinger

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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 J. Killinger and four other inmates, who are confined in the Arizona

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State Prison Complex-Yuma, filed a pro se civil rights Complaint pursuant to 42 U.S.C.

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

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See Doc. 11 in CIV 11-934-PHX-GMS (ECV). On July 11, 2011, the Court issued an Order

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requiring Plaintiff to pay the $350.00 civil action filing fee or file a complete Application to

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Proceed In Forma Pauperis.
On August 15, 2011, Plaintiff filed a “Motion for Release of Retention Funds”

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(Doc. 5).

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I.

Motion for Release of Retention Funds and Extension of Time

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In his Motion, Plaintiff states that he intends to pay the filing fee in a lump sum, but

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that the release of his funds will take more than the 30 days Plaintiff was allotted by the

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Court’s July 11th Order. Plaintiff asks that the Court order the Arizona Department of

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JDDL

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Corrections (ADOC) to release funds from Plaintiff’s retention account for payment of the

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filing fee. Plaintiff also requests that the Court extend the deadline for Plaintiff to pay the

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fee by 30 to 60 days.

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The Court will not issue an Order to ADOC for payment of the filing fee from

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Plaintiff’s account. However, the Court will grant Plaintiff an additional 30 days from the

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filing date of this Order to pay the filing fee or file a complete Application to Proceed In

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Forma Pauperis.

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II.

Warnings
A.

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Address Changes

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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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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)

Plaintiff’s Motion for Release of Retention Funds (Doc. 5) is denied in part

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with respect to Plaintiff’s request for a Court Order. The Motion is granted in part with

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respect to Plaintiff’s request for additional time within which to pay the filing fee.

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(2)

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
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certified six-month trust account statement from the ADOC’s Central Office.
(3)

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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DATED this 2nd day of September, 2011.

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