Jackson v. Ryan et al

Filing 5

ORDER denying 2 Plaintiff's Application/Motion for Leave to Proceed in forma pauperis. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a complete Application to Proceed In Forma P auperis and a certified six-month trust account statement from the ADOC's Central Office. If Plaintiff fails to either pay the $350.00 filing fee or file a complete 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 Senior Judge Robert C Broomfield on 10/11/12. (Attachments: # 1 form)(DMT)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Anthony Jackson, 10 Plaintiff, 11 vs. 12 Charles L. Ryan, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 12-1869-PHX-RCB (LOA) ORDER 15 16 On September 4, 2012, Plaintiff Anthony Jackson, who is confined in the Arizona 17 State Prison Complex-Lewis in Buckeye, Arizona, filed a pro se civil rights Complaint 18 pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis (Doc. 2). 19 On September 24, 2012, he filed a Notice of First Amended Complaint. The Court will deny 20 the deficient Application to Proceed and will give Plaintiff 30 days to pay the fee or file a 21 complete Application to Proceed In Forma Pauperis. 22 I. Payment of Filing Fee 23 When bringing an action, a prisoner must either pay the $350.00 filing fee in a lump 24 sum or, if granted the privilege of proceeding in forma pauperis, pay the fee incrementally 25 as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma pauperis requires 26 an affidavit of indigence and a certified copy of the inmate’s trust account statement for the 27 six months preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must 28 JDDL 1 submit statements from each institution where he was confined during the six-month period. 2 Id. To assist prisoners in meeting these requirements, the Court requires use of a form 3 application. LRCiv 3.4(a). 4 If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an 5 initial partial filing fee of 20% of either the average monthly deposits or the average monthly 6 balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An initial 7 partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4). The 8 balance of the fee will be collected in monthly payments of 20% of the preceding month’s 9 income credited to an inmate’s account, each time the amount in the account exceeds $10.00. 10 28 U.S.C. § 1915(b)(2). 11 II. Application Fails to Comply With Statute 12 Plaintiff has used the court-approved form, but has not submitted a certified six-month 13 trust account statement, as required. In light of this deficiency, Plaintiff will be permitted 30 14 days to either pay the $350.00 filing fee or file a complete Application to Proceed In Forma 15 Pauperis. 16 The Arizona Department of Corrections (“ADOC”) has notified the Court that a 17 certified trust fund account statement showing deposits and average monthly balances is 18 available from the ADOC’s Central Office. Accordingly, Plaintiff must obtain the certified 19 copy of his ADOC trust fund account statement for the six months immediately preceding the 20 filing of the Complaint from the ADOC’s Central Office. 21 III. Warnings 22 23 Plaintiff must file and serve a notice of a change of address in accordance with Rule 24 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 25 relief with a notice of change of address. Failure to comply may result in dismissal of this 26 action. 27 .... 28 JDDL A. Address Changes .... -2- 1 B. Copies 2 Plaintiff must submit an additional copy of every filing for use by the Court. See 3 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 4 to Plaintiff. 5 C. 6 If Plaintiff fails to timely comply with every provision of this Order, including these 7 warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 8 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to 9 comply with any order of the Court). 10 11 12 13 Possible Dismissal IT IS ORDERED: (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied without prejudice. (2) Within 30 days of the date this Order is filed, Plaintiff must either pay the 14 $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a 15 certified six-month trust account statement from the ADOC’s Central Office. 16 (3) If Plaintiff fails to either pay the $350.00 filing fee or file a complete 17 Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a 18 judgment of dismissal of this action without prejudice and without further notice to Plaintiff. 19 20 21 (4) The Clerk of the Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Dated this 11th day of October, 2012. 22 23 24 25 26 27 28 JDDL -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?