Mara v. Corrections Corporation of America et al

Filing 11

ORDER, Plaintiff's Application to Proceed In Forma Pauperis 8 is denied; this action is dismissed without prejudice for failure to comply with a Court order; the Clerk must close the case and enter judgment; Plaintiff's Motion for Appointment of Counsel 10 is denied as moot. Signed by Judge David G Campbell on 5/8/12.(REW)

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KM

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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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Corrections Corporation of America, et al.,)
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Defendants.
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Rory Mara,

No. CV 12-181-PHX-DGC (ECV)
ORDER

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Plaintiff Rory Mara, who is confined in the Corrections Corporation of America-

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Saguaro Correctional Center, filed a pro se civil rights Complaint pursuant to 42 U.S.C.

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§ 1983 and an incomplete Application to Proceed In Forma Pauperis. In a January 31, 2012

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Order, the Court denied the Application to Proceed with leave to re-file.

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On February 1, 2012, Plaintiff filed a Motion for Appointment of Counsel (Doc. 5).

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On February 22, 2012, Plaintiff filed a new, deficient Application to Proceed (Doc. 6). In

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a March 14, 2012 Order, the Court denied the Motion for Appointment of Counsel, denied

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the new Application to Proceed, and gave Plaintiff 30 days to pay the filing fee or file a

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complete Application to Proceed.

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On March 23, 2012, Plaintiff filed a third Application to Proceed In Forma Pauperis
(Doc. 8). On April 11, 2012, Plaintiff filed a new Motion for Appointment of Counsel.

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In both the January 31, 2012 and March 14, 2012 Orders, the Court explained that

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pursuant 28 U.S.C. § 1915(a)(2), Plaintiff’s Application to Proceed In Forma Pauperis must

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include a certified trust account statement for the six months preceding the filing of the

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Complaint.

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Plaintiff’s March 23, 2012 Application to Proceed includes a trust account statement

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for the period of January 9,2012 through February 8, 2012.1 This is a period of 30 days, not

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six months as required by 28 U.S.C. § 1915(a)(2). In this case, the Court has twice provided

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Plaintiff with instructions for filing a proper Application to Proceed In Forma Pauperis.

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Plaintiff has also filed thirteen other lawsuits with this Court, each with at least one deficient

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Application to Proceed In Forma Pauperis. In each of those cases, the Court has also

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provided Plaintiff with instructions for filing an Application to Proceed In Forma Pauperis.

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Plaintiff has received 26 Orders from this Court with instructions for complying with the in

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forma pauperis statute. Plaintiff appears unwilling or unable to do so.

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Plaintiff was also explicitly warned in each of the Court’s orders that failure to comply

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with a Court order would result in dismissal of the action. The Court will dismiss this action,

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without prejudice, for failure to comply with a Court order. See Ferdik v. Bonzelet, 963 F.2d

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1258, 1260-61 (9th Cir. 1992). The Court will deny as moot the Motion for Appointment

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of Counsel.

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IT IS ORDERED:

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(1)

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is denied.

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(2)

Plaintiff’s March 23, 2012 Application to Proceed In Forma Pauperis (Doc. 8)

This action is dismissed without prejudice for failure to comply with a Court

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order. The Clerk of Court must close the case and enter judgment.

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...

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...

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...

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Plaintiff’s Complaint concerns events which occurred in October 2011. Accordingly,
Plaintiff’s incarceration in CCA-SCC began before January 2012.
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(3)

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denied as moot.

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Plaintiff’s April 11, 2012 Motion for Appointment of Counsel (Doc. 10) is

DATED this 8th day of May, 2012.

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