Fulton v. Maricopa County Sheriff's Office et al

Filing 11

ORDER granting in part and denying in part 9 Plaintiff's Motion for Extension of Time to the extent that Plaintiff has 30 days from the date this Order is filed to file a first amended complaint. Clerk must enter dismissal with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g) if plaintiff fails to comply. Signed by Judge G Murray Snow on 8/7/12.(LSP)

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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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Maricopa County Sheriff’s Office, et al., )
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Defendants.
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Carl David Fulton,

No. CV 12-658-PHX-GMS (BSB)
ORDER

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Plaintiff Carl David Fulton, who is confined in the Arizona State Prison Complex15
Yuma, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application
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to Proceed In Forma Pauperis. In a May 1, 2012 Order, the Court granted Plaintiff’s
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Application to Proceed and dismissed the Complaint with leave to amend. On June 11, 2012,
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Plaintiff filed a Motion for Extension of Time.
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I.

Motion

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Plaintiff seeks an additional 90 days within which to file an amended complaint, but
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has not described why the extension of time is necessary. The Court will grant Plaintiff’s
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Motion, in part, to the extent that Plaintiff will have 30 days from the filing date of this Order
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to file an amended complaint.
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II.

Warnings

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A.

Release

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Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release.
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Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay
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the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result

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in dismissal of this action.

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B.

Address Changes

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

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

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

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action.

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C.

Copies

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

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

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to Plaintiff.

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D.

Possible “Strike”

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Because the Complaint has been dismissed for failure to state a claim, if Plaintiff fails

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to file an amended complaint correcting the deficiencies identified in the May 1, 2012 Order,

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the dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g).

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Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil

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judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior

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occasions, while incarcerated or detained in any facility, brought an action or appeal in a

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court of the United States that was dismissed on the grounds that it is frivolous, malicious,

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or fails to state a claim upon which relief may be granted, unless the prisoner is under

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imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

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If Plaintiff fails to timely comply with every provision of the May 1, 2012 Order, or

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this Order, including these warnings, the Court may dismiss this action without further

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notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may

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dismiss an action for failure to comply with any order of the Court).

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...

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E.

Possible Dismissal

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IT IS ORDERED:

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(1)

Plaintiff’s June 11, 2012 Motion for Extension of Time (Doc. 9) is granted in

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part to the extent that Plaintiff has 30 days from the date this Order is filed to file a first

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amended complaint in compliance with the May 1, 2012 Order. The Motion is denied in

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part with respect to Plaintiff’s request for a 90-day extension of time in which to file an

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amended complaint.

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(2)

If Plaintiff fails to file an amended complaint within 30 days, the Clerk of

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Court must, without further notice, enter a judgment of dismissal of this action with prejudice

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that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g).

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DATED this 7th day of August, 2012.

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