Dehar v. Knight

Filing 12

ORDER re 11 Statement filed by Donald Cory Dehar. ORDERED that to the extent that plaintiff seeks any relief in his filing of 10/15/2013 (Doc. 11), such relief is denied. Signed by Senior Judge Robert C Broomfield on 10/28/2013. (Copy mailed to Donald C. Dehar on 10/28/2013).(TLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Donald Cory Dehar,
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Plaintiff,
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vs.
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David Knight,
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Defendant.
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No. CV 12-2190-PHX-RCB (MHB)
ORDER

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Plaintiff Donald Cory Dehar, who is confined in the Arizona State Prison Complex-

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Lewis, Barchey Unit, in Buckeye, Arizona, filed a pro se civil rights Complaint pursuant to

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42 U.S.C. § 1983 in the District Court for the Eastern District of Michigan. That Court

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transferred the case to this District based on venue because Plaintiff’s claim concerned an

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assault by an Arizona prison officer at the Lewis Complex. (Doc. 3.) Because Plaintiff had

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not filed an Application to Proceed In Forma Pauperis or paid the $350.00 filing fee, the

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Court granted him 30 days to pay the fee or file a complete Application to Proceed In Forma

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Pauperis. (Doc. 6.) On December 3, 2012, Plaintiff filed a motion for extension of time.

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(Doc. 8.) On December 10, 2012, the Court granted Plaintiff an additional 30 days to comply

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with its prior Order.1 (Doc. 9.) When Plaintiff failed to either pay the filing fee or file an

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Application to Proceed In Forma Pauperis, the case was dismissed without prejudice and

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judgment entered on January 25, 2013. (Doc. 9, 10.)

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The Court informed Plaintiff that if he was unable to comply with the Court’s prior
Order due to the act or omissions of others, he had to file a declaration signed under penalty
of perjury setting forth facts to support why he was unable to comply. (Doc. 9 at 2.)

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On October 15, 2013, Plaintiff filed a one page statement concerning his inability to

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obtain a copy of his commissary account balance signed under penalty of perjury with a

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portion of an in forma pauperis application, a copy of an order issued by the District Court

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for the Eastern District of Michigan, a portion of a copy of a Notice of Post-Conviction

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Relief filed in Mohave County Superior Court, a copy of a letter sent to Plaintiff by post-

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conviction counsel, a Mohave County Information Sheet, a Corrections Inmate Informal

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Complaint Resolution dated October 1, 2013, a birth certificate, and a Corrections Health

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Needs Request.

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To the extent that Plaintiff is belatedly attempting to comply with the Order issued

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December 10, 2012, his filing is insufficient. Plaintiff fails to set forth facts to support that

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he was unable comply with the Court’s December 10, 2012 Order. To the extent that

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Plaintiff is attempting to seek other relief, such relief will be denied. Judgment in this case

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was entered more than ten months ago and this case is closed.

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IT IS ORDERED that to the extent that Plaintiff seeks any relief in his filing of
October 15, 2013, doc. 11, such relief is denied.
DATED this 28th day of October, 2013.

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