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)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Donald Cory Dehar, 9 Plaintiff, 10 vs. 11 David Knight, 12 Defendant. 13 ) ) ) ) ) ) ) ) ) ) No. CV 12-2190-PHX-RCB (MHB) ORDER 14 Plaintiff Donald Cory Dehar, who is confined in the Arizona State Prison Complex- 15 Lewis, Barchey Unit, in Buckeye, Arizona, filed a pro se civil rights Complaint pursuant to 16 42 U.S.C. § 1983 in the District Court for the Eastern District of Michigan. That Court 17 transferred the case to this District based on venue because Plaintiff’s claim concerned an 18 assault by an Arizona prison officer at the Lewis Complex. (Doc. 3.) Because Plaintiff had 19 not filed an Application to Proceed In Forma Pauperis or paid the $350.00 filing fee, the 20 Court granted him 30 days to pay the fee or file a complete Application to Proceed In Forma 21 Pauperis. (Doc. 6.) On December 3, 2012, Plaintiff filed a motion for extension of time. 22 (Doc. 8.) On December 10, 2012, the Court granted Plaintiff an additional 30 days to comply 23 with its prior Order.1 (Doc. 9.) When Plaintiff failed to either pay the filing fee or file an 24 Application to Proceed In Forma Pauperis, the case was dismissed without prejudice and 25 judgment entered on January 25, 2013. (Doc. 9, 10.) 26 27 28 1 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.) 1 On October 15, 2013, Plaintiff filed a one page statement concerning his inability to 2 obtain a copy of his commissary account balance signed under penalty of perjury with a 3 portion of an in forma pauperis application, a copy of an order issued by the District Court 4 for the Eastern District of Michigan, a portion of a copy of a Notice of Post-Conviction 5 Relief filed in Mohave County Superior Court, a copy of a letter sent to Plaintiff by post- 6 conviction counsel, a Mohave County Information Sheet, a Corrections Inmate Informal 7 Complaint Resolution dated October 1, 2013, a birth certificate, and a Corrections Health 8 Needs Request. 9 To the extent that Plaintiff is belatedly attempting to comply with the Order issued 10 December 10, 2012, his filing is insufficient. Plaintiff fails to set forth facts to support that 11 he was unable comply with the Court’s December 10, 2012 Order. To the extent that 12 Plaintiff is attempting to seek other relief, such relief will be denied. Judgment in this case 13 was entered more than ten months ago and this case is closed. 14 15 16 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. 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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?