Bernard v. Yuma County Sheriff's Office
Filing
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ORDER that within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Plaintiff fails to either pay the $350.00 filing fee or file a completed Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge G Murray Snow on 11/30/12. (Attachments: # 1 forms)(DMT)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Bryan Mornyngstarr Bernard,
Plaintiff,
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vs.
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Yuma County Sheriff’s Office,
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Defendant.
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No. CV 12-1829-PHX-GMS (DKD)
ORDER
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Plaintiff Bryan Mornyngstarr Bernard, who is confined in the Yuma County Detention
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Center, filed a pro se Complaint. Plaintiff did not paid the filing fee or file an Application
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to Proceed In Forma Pauperis.
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In an October 9, 2012 Order, the Court granted Plaintiff 30 days to: (1) pay the filing
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fee or file a complete Application to Proceed In Forma Pauperis; and (2) file an amended
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complaint on the court-approved form
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On October 25, 2012, Plaintiff filed a First Amended Complaint (Doc. 11). To date,
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Plaintiff has not paid the filing fee or filed an Application to Proceed In Forma Pauperis and
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certified six-month trust account statement. The Court will grant Plaintiff an additional 30
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days to pay the filing fee or file a complete Application to Proceed In Forma Pauperis.
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I.
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JDDL
Payment of Filing Fee
When bringing an action, a prisoner must either pay the $350.00 filing fee in a lump
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sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally
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as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma pauperis requires
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an affidavit of indigence and a certified copy of the inmate’s trust account statement for the
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six months preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must
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submit statements from each institution where he was confined during the six-month period.
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Id. To assist prisoners in meeting these requirements, the Court requires use of a form
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application. LRCiv 3.4(a).
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If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an
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initial partial filing fee of 20% of either the average monthly deposits or the average monthly
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balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An initial
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partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4). The
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balance of the fee will be collected in monthly payments of 20% of the preceding month’s
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income credited to an inmate’s account, each time the amount in the account exceeds $10.00.
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28 U.S.C. § 1915(b)(2).
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II.
Failure to Comply With Statute
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Plaintiff has not paid the filing fee or filed an Application to Proceed In Forma
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Pauperis. Plaintiff will be permitted 30 days to either pay the $350.00 filing fee or file a
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complete Application to Proceed In Forma Pauperis and certified six-month trust account
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statement.
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III.
Warnings
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A.
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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Plaintiff must submit an additional copy of every filing for use by the Court. See
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JDDL
B.
Copies
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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C.
Possible Dismissal
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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 1258, 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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IT IS ORDERED:
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(1)
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Within 30 days of the date this Order is filed, Plaintiff must either pay the
$350.00 filing fee or file a completed Application to Proceed In Forma Pauperis and a
certified six-month trust account statement.
(2)
If Plaintiff fails to either pay the $350.00 filing fee or file a completed
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Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a
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judgment of dismissal of this action without prejudice and without further notice to Plaintiff.
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(3)
The Clerk of Court must mail Plaintiff a court-approved form for filing an
Application to Proceed In Forma Pauperis (Non-Habeas).
DATED this 30th day of November, 2012.
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