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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1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 George Wilson Overturf, 9 Plaintiff, 10 vs. 11 Janice K. Brewer, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) No. CV 11-1856-PHX-GMS (BSB) ORDER 14 Plaintiff George Wilson Overturf, who is confined in the Arizona State Prison 15 Complex, Central Unit, in Florence, Arizona, filed a pro se civil rights Complaint pursuant 16 to 42 U.S.C. § 1983, which the Court dismissed with leave to amend. (Doc. 1, 7.) Plaintiff 17 filed a First Amended Complaint, which the Court also dismissed for failure to state a claim 18 with leave to amend. (Doc. 15, 17.) Plaintiff filed a motion to extend the deadline for filing 19 a second amended complaint. (Doc. 22.) The Court granted Plaintiff an extension until June 20 16, 2012 in which to file a second amended complaint. (Doc. 31.) Plaintiff then filed two 21 further motions for extension of time to file a second amended complaint. (Doc. 32, 34.) In 22 each motion, Plaintiff stated that he had completed a second amended complaint, but despite 23 more than 20 requests, he had been unable to have the second amended complaint copied for 24 filing by the Complex librarian and paralegal. On July 16, 2012, the Court granted Plaintiff 25 a final extension of time until August 16, 2012 in which to file a second amended complaint. 26 (Doc. 35.) 27 The same day that Order was issued, and unbeknownst to the Court, Plaintiff filed a 28 third motion seeking an extension of time in which to file a second amended complaint. -1- 1 (Doc. 36.) Clearly, Plaintiff had not received the Court’s Order, doc. 35, granting him a final 2 extension of time to file a second amended complaint. Because the Court has already granted 3 Plaintiff a final extension of time, the Court will deny Plaintiff’s latest motion as moot. 4 Warnings 5 A. Release 6 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release. 7 Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay 8 the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result 9 in dismissal of this action. 10 B. Address Changes 11 Plaintiff must file and serve a notice of a change of address in accordance with Rule 12 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 13 relief with a notice of change of address. Failure to comply may result in dismissal of this 14 action. 15 C. Copies 16 Plaintiff must submit an additional copy of every filing for use by the Court. See 17 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 18 to Plaintiff. 19 D. Possible “Strike” 20 Because the Complaint and First Amended Complaint have been dismissed for failure 21 to state a claim, if Plaintiff fails to file an amended complaint correcting the deficiencies 22 identified in the February 16, 2012 Order, the dismissal may count as a “strike” under the “3- 23 strikes” provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not 24 bring a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if 25 the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 26 brought an action or appeal in a court of the United States that was dismissed on the grounds 27 that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, 28 unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. -2- 1 § 1915(g). 2 E. 3 If Plaintiff fails to timely comply with every provision of the February 16, 2012 Order 4 or this Order, including these warnings, the Court may dismiss this action without further 5 notice. See Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an action for failure to 6 comply with any order of the Court). 7 8 9 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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