Gause v. Mullen et al

Filing 41

ORDER - On 3/6/2013, Plaintiff filed 35 Notice of Change of Address indicating that he is no longer incarcerated. To date, plaintiff owes the full $350.00 filing fee. ORDERED that within 30 days from the date of this Order, plaintiff must eit her pay the $350.00 filing fee or file a "Response" to this Order showing good cause why he cannot pay the filing fee. If plaintiff fails to timely comply with the Order to Show Cause, the Court may dismiss this action without further notice. (See attached Order to Show Cause for details). Signed by Senior Judge Robert C Broomfield on 7/30/2013. (Copy mailed to pro se plaintiff Richard LeGrand Gause on 7/30/2013).(TLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Richard LeGrand Gause,
Plaintiff,

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vs.

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M. Mullen, et al.,
Defendants.

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No. CV 12-1439-PHX-RCB (MEA)
ORDER TO SHOW CAUSE

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In July 2012, Plaintiff Richard LeGrand Gause, who was then an inmate at the Fourth

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Avenue Jail in Phoenix, Arizona, filed a pro se Complaint pursuant to 42 U.S.C. § 1983

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(Doc. 1).1 He alleged that City of Mesa Police Officers Michael Mullen and Christopher

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Beauford used excessive force during the course of Plaintiff’s arrest (Doc. 13). Defendants

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have filed a Motion for Summary Judgment, which is under consideration (Doc. 37).
Before ruling on the summary judgment motion, the Court will order Plaintiff to pay

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the statutory filing fee or show cause why he has not paid the balance of his filing fee.

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I.

Outstanding Filing Fee

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When Plaintiff filed this action, the Court granted him in forma pauperis status and

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assessed the statutory filing fee of $350.00 (Doc. 5). Plaintiff was cautioned that in the event

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of his release, he would be required to pay the balance of the filing fee within 120 days or

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show cause why he cannot pay (id. at 6).

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Shortly after initiating this action, Plaintiff was transferred to the custody of the
Arizona Department of Corrections (Doc. 8).

On March 6, 2013, Plaintiff filed a Notice of Change of Address indicating that he

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was no longer incarcerated (Doc. 35). To date, Plaintiff owes the full $350.00 filing fee.

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Although more than 120 days have passed since the date of Plaintiff’s release, the

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Court will provide him 30 days to either pay the $350.00 filing fee or file a “Response” to

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this Order. Plaintiff’s Response must either promise to pay the unpaid balance within 30

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days from the date of this Order or show good cause why he cannot pay the outstanding

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balance of the filing fee. Plaintiff’s Response must be made under penalty of perjury. See

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28 U.S.C. § 1746 (oath requirement may be satisfied when a person declares under penalty

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of perjury that the submission is true and correct and signs and dates the document).

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II.

Warning

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If Plaintiff fails to timely comply with this Order to Show Cause, the Court may

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

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

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of the Court).

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IT IS ORDERED that within 30 days from the date of this Order, Plaintiff must

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either pay the $350.00 filing fee or file a Response showing good cause why he cannot pay

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the filing fee.

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DATED this 30th day of July.

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