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

Filing 9

ORDER, that within 30 days of the date this Order is filed, Plaintiff must file a completed and signed Certificate, using the Certificate form provided with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an original signature on his First Amended Complaint for the purposes Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure. If Plaintiff fails to file, within 30 days, a completed and signed Certific ate on the form provided with this Order, the Clerk of Court must strike Plaintiff's First Amended Complaint and enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge G Murray Snow on 5/2/12. (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

On March 13, 2012, Plaintiff Carl David Fulton, who is confined in the Arizona State

16

Prison Complex-Alhambra, filed a pro se First Amended Complaint pursuant to Bivens v.

17

Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)

18

I.

First Amended Complaint is not signed

19

All pleadings must be signed by the party if the party is not represented by an

20

attorney. Fed. R. Civ. P. 11(a) and LRCiv 3.4(a), 7.1(b)(1). An unsigned pleading must be

21

stricken unless omission of the signature is corrected promptly after being called to the

22

attention of the party. Fed. R. Civ. P. 11(a).

23
24

permitted 30 days from the filing date of this Order to submit a completed and signed

25

Certificate, using the Certificate form included with this Order, certifying that Plaintiff’s

26

signature on the Certificate shall serve as an original signature on his First Amended

27

Complaint for the purposes of Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11

28
JDDL

Plaintiff’s First Amended Complaint is unsigned. Therefore, Plaintiff will be

of the Federal Rules of Civil Procedure.

1

II.

Warnings

2

A.

Address Changes

3

Plaintiff must file and serve a notice of a change of address in accordance with Rule

4

83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other

5

relief with a notice of change of address. Failure to comply may result in dismissal of this

6

action.

7

B.

8

Plaintiff must submit an additional copy of every filing for use by the Court. See

9

LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice

10

Copies

to Plaintiff.

11

C.

Possible Dismissal

12

If Plaintiff fails to timely comply with every provision of this Order, including these

13

warnings, the Court may dismiss this action without further notice. Ferdik v. Bonzelet, 963

14

F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

15

comply with any order of the Court).

16

IT IS ORDERED:

17

(1)

Within 30 days of the date this Order is filed, Plaintiff must file a completed

18

and signed Certificate, using the Certificate form provided with this Order, certifying that

19

Plaintiff’s signature on the Certificate shall serve as an original signature on his First

20

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

21

Rule 11 of the Federal Rules of Civil Procedure.
(2)

22

If Plaintiff fails to file, within 30 days, a completed and signed Certificate on

23
24

Complaint and enter a judgment of dismissal of this action without prejudice and without

25

further notice to Plaintiff.

26

....

27

....

28
JDDL

the form provided with this Order, the Clerk of Court must strike Plaintiff’s First Amended

....
-2-

1

(3)

The Clerk of Court must mail Plaintiff a Certificate form.

2

DATED this 2nd day of May, 2012.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JDDL

-3-

1

______________________________

2

______________________________

3

______________________________
(Your Name and Address)

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.

No. CV12-149-PHX-GMS (MHB)

Carl David Fulton,

CERTIFICATE

14
15
I, Carl David Fulton, hereby certify:
16
I have read the pro se First Amended Complaint (Doc. 7) filed by me on March 13,
17
2012, and to the best of my knowledge, information, and belief, formed after an inquiry
18
reasonable under the circumstances:
19
(1)

it is not being presented for any improper purpose, such as to

20
harass or to cause unnecessary delay or needless increase in the cost
21
of litigation;
22
(2)

the claims, defenses, and other legal contentions therein are

23
warranted by existing law or by a nonfrivolous argument for the
24
extension, modification, or reversal of existing law or the
25
establishment of new law;
26
(3)

the allegations and other factual contentions have evidentiary

27
support or, if specifically so identified, are likely to have evidentiary
28

-4-

1

support after a reasonable opportunity for further investigation or

2

discovery; and

3

(4)

4

evidence or, if specifically so identified, are reasonably based on a

5

lack of information or belief.

6

the denials of factual contentions are warranted on the

I further certify that my signature on this document shall serve as an original

7

signature on the above-referenced First Amended Complaint for the purposes of Local

8

Rule of Civil Procedure 3.4(a) and Rule 11 of the Federal Rules of Civil Procedure.

9
10

EXECUTED on this______day of______________________________, 2012.

11
12
(Signature of Plaintiff)
Carl David Fulton

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-