Mulugeta v. Maricopa County Sheriff's Office et al

Filing 7

ORDER TO SHOW CAUSE - IT IS ORDERED: (1) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is granted. (2) Within 30 days from the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a Response as described above. (3) If Plaintiff fails to pay the filing fee or file a Response to this Order within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice. Signed by Senior Judge Robert C Broomfield on 7/30/12. (LAD)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13
14

Micael Yeman Mulugeta,

)
)
Plaintiff,
)
)
vs.
)
)
)
Maricopa County Sheriff’s Office, et al., )
)
Defendants.
)
)
)

No. CV 12-1191-PHX-RCB (MEA)
ORDER TO SHOW CAUSE

15
16

Plaintiff Micael Yeman Mulugeta, who was formerly confined in the Maricopa

17

County Fourth Avenue Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C.

18

§ 1983 and an Application to Proceed In Forma Pauperis. On July 24, 2012, Plaintiff filed

19

a Notice of Change of Address (Doc. 6) indicating he is no longer in custody. The Court will

20

require Plaintiff to either pay the filing fee or show good cause why he cannot pay.

21

Pursuant to 28 U.S.C. § 1915(b)(1), “if a prisoner brings a civil action or files an

22

appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing

23

fee.” 28 U.S.C. § 1915(b)(1). Because Plaintiff brought this civil action while he was still

24

a prisoner, he will be required to pay the full amount of the $350.00 filing fee even though

25

he is now released. See Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002) (“Under the

26

[Prison Litigation Reform Act], all prisoners who file [in forma pauperis] civil actions must

27

pay the full amount of the filing fee.”)

28

1

If Plaintiff were still a prisoner, the Court would order Plaintiff’s custodian to

2

periodically withdraw funds from Plaintiff’s inmate account according to the statutory

3

formula in 28 U.S.C. § 1915(b)(2) until the filing fee was paid in full. However, because

4

Plaintiff is no longer in custody, and therefore does not have a prison account, he cannot

5

avail himself of the partial payment provisions of 28 U.S.C. § 1915(b)(1), (2). The statute

6

makes no other provision for incremental collection of the fee. Therefore, Plaintiff must now

7

pay the filing fee in full.

8

Plaintiff will be given 30 days from the date this Order is filed to either pay the

9

$350.00 filing fee or file a “Response” to this Order. Plaintiff’s Response must state the date

10

of his release and must either promise to pay the $350.00 filing fee within 120 days from the

11

date of his release or show good cause why he cannot pay the filing fee. Plaintiff’s Response

12

must be made under penalty of perjury. See 28 U.S.C. § 1746 (oath requirement may be

13

satisfied when a person declares under penalty of perjury that the submission is true and

14

correct and signs and dates the document).

15

Plaintiff is advised that even after he pays the filing fee, the Court is required to screen

16

complaints brought by prisoners seeking relief against a governmental entity or an officer or

17

an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a

18

complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or

19

malicious, that fail to state a claim upon which relief may be granted, or that seek monetary

20

relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

21

If Plaintiff fails to timely comply with every provision of this Order, the Court may

22

dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61

23

(9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order

24

of the Court).

25

IT IS ORDERED:

26

(1)

Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted.

27

(2)

Within 30 days from the date this Order is filed, Plaintiff must either pay the

28

$350.00 filing fee or file a Response as described above.
-2-

1
2
3

(3)

If Plaintiff fails to pay the filing fee or file a Response to this Order within 30

days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice.
DATED this 30 th day of July, 2012.

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
-3-