Fulton v. Alcohol, Tobacco, Firearms and Explosives, Bureau of et al

Filing 21

ORDER granting 14 Motion to Request Reason(s) for Decision/Striking of the First Amended Complaint to the extent that this Order explains the Court's dismissal of this action. The Clerk of Court must forward a copy of this Order to the Ninth Circuit Court of Appeals. Signed by Judge G Murray Snow on 9/10/12. (12-16498)(DMT)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Bureau of Alcohol, Tobacco, Firearms,)
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and Explosives, et al.,
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Defendants.
Carl David Fulton,

No. CV 12-149-PHX-GMS (MHB)
ORDER

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Plaintiff Carl David Fulton, who is confined in the Arizona State Prison Complex-

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Yuma, has filed a pro se civil rights Complaint pursuant to Bivens v. Six Unknown Named

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Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and an Application to Proceed

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In Forma Pauperis. In a February 28, 2012 Order, the Court granted the Application to

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Proceed and dismissed the Complaint with leave to amend. On March 13, 2012, Plaintiff

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filed a First Amended Complaint. The First Amended Complaint was not signed.

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On May 3, 2012, the Court issued an Order allowing Plaintiff to submit a completed

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and signed signature certificate, using a certificate form included with the Order, certifying

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that Plaintiff’s signature on the certificate would serve as an original signature on his First

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Amended Complaint for the purposes of Rule 3.4 of the Local Rules of Civil Procedure and

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Rule 11 of the Federal Rules of Civil Procedure.

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In the May 3rd Order, the Court granted Plaintiff 30 days to file the signature

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certificate and explicitly warned Plaintiff that failure to comply with the Order would result

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in dismissal of this action.

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On May 8, 2012, Plaintiff filed a Notice of Change of Address. On May 9, 2012, the
Clerk of Court re-sent the May 3rd Order to Plaintiff at his new address.

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The Court did not receive a signed signature certificate or any other pleadings from

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Plaintiff. On June 25, 2012, the Clerk of Court entered a Judgment of dismissal without

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prejudice because Plaintiff failed to comply with the May 3rd Order within 30 days of the

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date the Order was sent to Plaintiff at his new address. To date, the Court has not received

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a signature certificate from Plaintiff. On July 2, 2012, Plaintiff filed a Notice of Appeal.

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Plaintiff also filed, on July 2, 2012, a “Motion to Request Reason(s) for

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Decision/Striking of the First Amended Complaint by Petitioner.” The Court will grant the

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Motion to the extent that this Order explains the reason for its dismissal of this action.

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IT IS ORDERED that Plaintiff’s July 2, 2012 Motion (Doc. 14) is granted to the

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extent that this Order explains the Court’s dismissal of this action. The Clerk of Court must

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forward a copy of this Order to the Ninth Circuit Court of Appeals.

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DATED this 10th day of September, 2012.

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