Rogel #168330 v. Ryan et al

Filing 5

ORDER Petitioner's in forma pauperis application is denied. (Doc. 2 .) Within 30 days of the date this Order is filed, Petitioner must either pay the $5.00 filing fee or file a new completed Application to Proceed In Forma Pauperis. If Pe titioner fails to either pay the $5.00 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 Petitioner. The Clerk of Court must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). Signed by Judge G Murray Snow on 10/16/2012. (KMG)

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1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Richard Ruiz Rogel, Petitioner, 11 12 vs. 13 Charles L. Ryan, et al., Respondents. 14 ) ) ) ) ) ) ) ) ) ) No. CV 12-1872-PHX-GMS (MEA) ORDER 15 16 Petitioner Richard Ruiz Rogel, who is confined in the Arizona State Prison Complex, 17 Rynning Unit, in Florence, Arizona, filed a pro se Petition for Writ of Habeas Corpus 18 pursuant to 28 U.S.C. § 2254. Petitioner has not paid the $5.00 filing fee or filed a properly 19 completed Application to Proceed In Forma Pauperis. The Court will deny his in forma 20 pauperis application with leave to either pay the $5.00 fee or file a new Application to 21 Proceed In Forma Pauperis. 22 I. Failure to Pay Filing Fee or File Complete Application 23 24 petitioner desires to prosecute the petition in forma pauperis, the petitioner shall file an 25 application to proceed in forma pauperis on a form approved by the Court, accompanied by 26 a certification of the warden or other appropriate officer of the institution in which the 27 JDDL Rule 3.5(b) of the Local Rules of Civil Procedure requires that “[i]f a habeas corpus petitioner is confined as to the amount of money or securities on deposit to the petitioner’s 28 1 credit.” Rule 3.5(b) also requires payment of the $5.00 filing fee if a petitioner has in excess 2 of $25.00 in his inmate account. 3 Petitioner’s in forma pauperis application was not properly completed. Petitioner 4 failed to have the Certificate of Correctional Official as to Status of Applicant’s Trust 5 Account completed. For that reason, the Court will deny Petitioner’s in forma pauperis 6 application. Petitioner will be given 30 days from the date this Order is filed to either pay 7 the $5.00 filing fee or file a properly completed Application to Proceed In Forma Pauperis 8 using the form included with this Order. 9 II. Warnings 10 A. Address Changes 11 Petitioner must file and serve a notice of a change of address in accordance with Rule 12 83.3(d) of the Local Rules of Civil Procedure. Petitioner must not include a motion for other 13 relief with a notice of change of address. Failure to comply may result in dismissal of this 14 action. 15 B. Possible Dismissal 16 If Petitioner fails to timely comply with every provision of this Order, including these 17 warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 18 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to 19 comply with any order of the Court). 20 IT IS ORDERED: 21 (1) Petitioner’s in forma pauperis application is denied. (Doc. 2.) 22 (2) Within 30 days of the date this Order is filed, Petitioner must either pay the 23 24 $5.00 filing fee or file a new completed Application to Proceed In Forma Pauperis. (3) If Petitioner fails to either pay the $5.00 filing fee or file a completed 25 26 judgment of dismissal of this action without prejudice and without further notice to 27 Petitioner. 28 JDDL Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a (4) The Clerk of Court must mail Petitioner a court-approved form for filing an -2- 1 Application to Proceed In Forma Pauperis (Habeas). 2 DATED this 16th day of October, 2012. 3 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 JDDL -3- Name and Prisoner/Booking Number Place of Confinement Mailing Address City, State, Zip Code IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Petitioner, vs. Respondent(s). ) , ) ) CASE NO. ) ) ) APPLICATION TO PROCEED , ) IN FORMA PAUPERIS ) BY A PRISONER ) (HABEAS) I, , declare, in support of my request to proceed in the above entitled case without prepayment of fees under 28 U.S.C. § 1915, that I am unable to pay the fees for these proceedings or to give security therefor and that I believe I am entitled to relief. In support of this application, I answer the following questions under penalty of perjury: 1. Are you currently employed at the institution where you are confined? If "Yes," state the amount of your pay and where you work. GYes GNo 2. Do you receive any other payments from the institution where you are confined? If "Yes," state the source and amount of the payments. GYes GNo 98-ifphab Revised 6/98 1 3. Do you have any other sources of income, savings, or assets either inside or outside of the institution where you are confined? GYes GNo If "Yes," state the sources and amounts of the income, savings, or assets. I declare under penalty of perjury that the above information is true and correct. DATE SIGNATURE OF APPLICANT CERTIFICATE OF CORRECTIONAL OFFICIAL AS TO STATUS OF APPLICANT’S TRUST ACCOUNT , certify that as of the date applicant signed this application: I, (Printed name of official) The applicant’s trust account balance at this institution is: $ DATE AUTHORIZED SIGNATURE TITLE/ID NUMBER 2 . INSTITUTION

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