Powell v. Magness

Filing 11

ORDER denying as moot Plaintiff's 9 Motion for Extension of Time Deadline ; and 10 Motion for Extension of Time Deadline. Signed by Judge G Murray Snow on 8/27/12.(DMT)

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WO

SC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Beauford Powell,
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Plaintiff,
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vs.
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Shawn Magness,
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Defendant.
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No. CV 12-0663-PHX-GMS (DKD)
ORDER

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Plaintiff Beauford Powell, who is confined in the Fourth Avenue Jail in Phoenix,
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Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983, which the Court
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dismissed with leave to amend. (Doc. 5.) Plaintiff then filed a First Amended Complaint.
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(Doc. 6.) In an Order filed on July 20, 2012, the Court dismissed two of Plaintiff’s claims
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but ordered service of the First Amended Complaint on Defendant as to a third claim. (Doc.
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8.) The Court stayed the filing of a response by Defendant Magness as to the third claim
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pending further Court order. (Id.) The Court ordered Magness to file a notice every 90 days
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regarding the status of Plaintiff’s state criminal cases. (Id.)
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Plaintiff has filed two motions for extension of time. (Doc. 9, 10.) In his motions,
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Plaintiff recounts his efforts to obtain copies of cases cited in the Court’s prior Order and
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asks for an extension. Plaintiff appears to believe that his First Amended Complaint was
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dismissed with leave to amend. Plaintiff is mistaken. The Court dismissed two of Plaintiff’s
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claims and stayed the filing of a response by the Defendant to the remaining claim pending
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further order of court. In short, the Court has not set any deadline with which Plaintiff must
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comply. Thus, there is no deadline to be extended against Plaintiff. Accordingly, Plaintiff’s

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motions will be denied as moot.

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Warnings

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A.

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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.

Release

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.

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

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

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

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comply with any order of the Court).

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Possible Dismissal

IT IS ORDERED that Plaintiff’s motions for extension of time are denied as moot.
(Doc. 9, 10.)
DATED this 27th day of August, 2012.

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