Overturf v. Brewer et al

Filing 37

ORDER denying 36 Plaintiff's 7/16/12 Motion for Extension of Time as moot. Signed by Judge G Murray Snow on 7/17/12.(LAD)

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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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George Wilson Overturf,
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Plaintiff,
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vs.
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Janice K. Brewer, et al.,
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Defendants.
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No. CV 11-1856-PHX-GMS (BSB)
ORDER

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Plaintiff George Wilson Overturf, who is confined in the Arizona State Prison

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Complex, Central Unit, in Florence, Arizona, filed a pro se civil rights Complaint pursuant

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to 42 U.S.C. § 1983, which the Court dismissed with leave to amend. (Doc. 1, 7.) Plaintiff

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filed a First Amended Complaint, which the Court also dismissed for failure to state a claim

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with leave to amend. (Doc. 15, 17.) Plaintiff filed a motion to extend the deadline for filing

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a second amended complaint. (Doc. 22.) The Court granted Plaintiff an extension until June

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16, 2012 in which to file a second amended complaint. (Doc. 31.) Plaintiff then filed two

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further motions for extension of time to file a second amended complaint. (Doc. 32, 34.) In

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each motion, Plaintiff stated that he had completed a second amended complaint, but despite

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more than 20 requests, he had been unable to have the second amended complaint copied for

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filing by the Complex librarian and paralegal. On July 16, 2012, the Court granted Plaintiff

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a final extension of time until August 16, 2012 in which to file a second amended complaint.

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(Doc. 35.)

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The same day that Order was issued, and unbeknownst to the Court, Plaintiff filed a

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third motion seeking an extension of time in which to file a second amended complaint.
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(Doc. 36.) Clearly, Plaintiff had not received the Court’s Order, doc. 35, granting him a final

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extension of time to file a second amended complaint. Because the Court has already granted

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Plaintiff a final extension of time, the Court will deny Plaintiff’s latest motion as moot.

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Warnings

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A.

Release

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Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release.

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Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay

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the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result

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in dismissal of this action.

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B.

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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C.

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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D.

Possible “Strike”

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Because the Complaint and First Amended Complaint have been dismissed for failure

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to state a claim, if Plaintiff fails to file an amended complaint correcting the deficiencies

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identified in the February 16, 2012 Order, the dismissal may count as a “strike” under the “3-

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strikes” provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not

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bring a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if

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the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility,

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brought an action or appeal in a court of the United States that was dismissed on the grounds

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that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,

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unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C.
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§ 1915(g).

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E.

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If Plaintiff fails to timely comply with every provision of the February 16, 2012 Order

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or this Order, including these warnings, the Court may dismiss this action without further

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notice. See Ferdik, 963 F.2d at 1260-61 (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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Possible Dismissal

IT IS ORDERED that Plaintiff’s July 16, 2012 motion for an extension of time is
denied as moot. (Doc. 36.)
DATED this 17th day of July, 2012.

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