Beltran v. Martinez

Filing 10

ORDER, Plaintiff's motion for extension of time 9 is granted to the extent as set forth in thi sorder; Plaintiff has 30 days from the filing date of this Order to file a second amended complaint in compliance with the 2/11/13 Order 8 ; if Pla intiff fails to file a second amended complaint within 30 days, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Signed by Senior Judge Robert C Broomfield on 3/14/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jose Carrera-Beltran,
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Plaintiff,
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vs.
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Rosa Martinez,
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Defendant.
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No. CV 12-2023-PHX-RCB (SPL)
ORDER

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Plaintiff Jose Carrera-Beltran, who is confined in the U.S. Penitentiary in Lompoc,

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California, filed a pro se civil rights Complaint pursuant to Bivens v. Six Unknown Named

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Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which the Court dismissed for

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failure to state a claim with leave to amend. (Doc. 1, 5.) Plaintiff filed a First Amended

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Complaint, which the Court also dismissed for failure to state a claim with leave to amend.

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(Doc. 7, 8.) Plaintiff has filed a motion for extension of time to file a second amended

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complaint. That motion will be granted to the extent set forth below.

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Warnings

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A.

Release

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Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release.

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Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay

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the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result

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in dismissal of this action.

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B.

Address Changes

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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C.

Copies

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Plaintiff must submit an additional copy of every filing for use by the Court. See

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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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D.

Possible “Strike”

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Because the First Amended Complaint has been dismissed for failure to state a claim,

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if Plaintiff fails to file a second amended complaint correcting the deficiencies identified in

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the February 11, 2013 Order, the dismissal may count as a “strike” under the “3-strikes”

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provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring

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a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the

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prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility,

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brought an action or appeal in a court of the United States that was dismissed on the grounds

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that it is frivolous, malicious, or fails to state a claim upon which relief may be granted,

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unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C.

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§ 1915(g).

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E.

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If Plaintiff fails to timely comply with every provision of the February 11, 2013 Order

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and this Order, including these warnings, the Court may dismiss this action without further

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notice. See Ferdik, 963 F.2d at 1260-61 (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)

Possible Dismissal

Plaintiff’s motion for extension of time is granted to the extent set forth below.

(Doc. 9.)
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Plaintiff has 30 days from the filing date of this Order to file a second amended

complaint in compliance with the February 11, 2013 Order, doc. 8.
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(3)

If Plaintiff fails to file a second amended complaint within 30 days, the Clerk

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of Court must, without further notice, enter a judgment of dismissal of this action with

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prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g).

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DATED this 14th day of March, 2013.

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