Thompson v. Burns et al
ORDER: Plaintiff has 30 days to file a notice stating whether he is an immigration detainee or convicted inmate. If Plaintiff fails to file the notice 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 Judge David G Campbell on 12/2/2013. (ALS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Thad Jarvis Thompson,
No. CV 13-1715-PHX-DGC (MEA)
Burns, et al.,
Plaintiff Thad Jarvis Thompson, who is confined in the Corrections Corporation of
America-Saguaro Correctional Center, has filed a pro se civil rights Complaint pursuant
to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. Plaintiff claims
that he was denied due process during disciplinary proceedings.
Additional Information Required
Plaintiff’s identification number indicates that Plaintiff is federal inmate, but it is
unclear whether Plaintiff is an immigration detainee or whether he is serving a sentence
pursuant to a federal conviction.
convicted inmate is relevant to whether he is subject to the in forma pauperis restrictions
of the Prisoner Litigation Reform Act and to which due process standard the Court must
apply when evaluating Plaintiff’s allegations.
Plaintiff’s status as an immigration detainee or
Accordingly, the Court will require Plaintiff to file, within 30 days, a notice
informing the Court as to whether he is an immigration detainee or a convicted inmate.
Plaintiff’s notice must be limited to this issue. If Plaintiff fails to file a notice within 30
days, the Court will dismiss this action.
Plaintiff must file and serve a notice of a change of address in accordance with
Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion
for other relief with a notice of change of address. Failure to comply may result in
dismissal of this action.
Plaintiff must submit an additional copy of every filing for use by the Court. See
LRCiv 5.4. Failure to comply may result in the filing being stricken without further
notice to Plaintiff.
If Plaintiff fails to timely comply with every provision of this Order, including
these warnings, the Court may dismiss this action without further notice. See Ferdik v.
Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action
for failure to comply with any order of the Court).
IT IS ORDERED:
Plaintiff has 30 days to file a notice stating whether he is an immigration
detainee or convicted inmate.
If Plaintiff fails to file the notice within 30 days, the Clerk of Court must
enter a judgment of dismissal of this action without prejudice and without further notice
Dated this 2nd day of December, 2013.
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