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)
1
WO
KM
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10
11
12
13
)
)
)
Plaintiff,
)
)
vs.
)
Bureau of Alcohol, Tobacco, Firearms,)
)
and Explosives, et al.,
)
)
Defendants.
Carl David Fulton,
No. CV 12-149-PHX-GMS (MHB)
ORDER
14
15
Plaintiff Carl David Fulton, who is confined in the Arizona State Prison Complex-
16
Yuma, has filed a pro se civil rights Complaint pursuant to Bivens v. Six Unknown Named
17
Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and an Application to Proceed
18
In Forma Pauperis. In a February 28, 2012 Order, the Court granted the Application to
19
Proceed and dismissed the Complaint with leave to amend. On March 13, 2012, Plaintiff
20
filed a First Amended Complaint. The First Amended Complaint was not signed.
21
On May 3, 2012, the Court issued an Order allowing Plaintiff to submit a completed
22
and signed signature certificate, using a certificate form included with the Order, certifying
23
that Plaintiff’s signature on the certificate would serve as an original signature on his First
24
Amended Complaint for the purposes of Rule 3.4 of the Local Rules of Civil Procedure and
25
Rule 11 of the Federal Rules of Civil Procedure.
26
In the May 3rd Order, the Court granted Plaintiff 30 days to file the signature
27
certificate and explicitly warned Plaintiff that failure to comply with the Order would result
28
in dismissal of this action.
1
2
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.
3
The Court did not receive a signed signature certificate or any other pleadings from
4
Plaintiff. On June 25, 2012, the Clerk of Court entered a Judgment of dismissal without
5
prejudice because Plaintiff failed to comply with the May 3rd Order within 30 days of the
6
date the Order was sent to Plaintiff at his new address. To date, the Court has not received
7
a signature certificate from Plaintiff. On July 2, 2012, Plaintiff filed a Notice of Appeal.
8
Plaintiff also filed, on July 2, 2012, a “Motion to Request Reason(s) for
9
Decision/Striking of the First Amended Complaint by Petitioner.” The Court will grant the
10
Motion to the extent that this Order explains the reason for its dismissal of this action.
11
IT IS ORDERED that Plaintiff’s July 2, 2012 Motion (Doc. 14) is granted to the
12
extent that this Order explains the Court’s dismissal of this action. The Clerk of Court must
13
forward a copy of this Order to the Ninth Circuit Court of Appeals.
14
DATED this 10th day of September, 2012.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?