Thompson v. Burns et al

Filing 5

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)

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KM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thad Jarvis Thompson,

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No. CV 13-1715-PHX-DGC (MEA)

Plaintiff,
vs.

ORDER

Burns, et al.,

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Defendants.

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Plaintiff Thad Jarvis Thompson, who is confined in the Corrections Corporation of

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America-Saguaro Correctional Center, has filed a pro se civil rights Complaint pursuant

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to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. Plaintiff claims

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that he was denied due process during disciplinary proceedings.

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I.

Additional Information Required

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Plaintiff’s identification number indicates that Plaintiff is federal inmate, but it is

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unclear whether Plaintiff is an immigration detainee or whether he is serving a sentence

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pursuant to a federal conviction.

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convicted inmate is relevant to whether he is subject to the in forma pauperis restrictions

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of the Prisoner Litigation Reform Act and to which due process standard the Court must

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apply when evaluating Plaintiff’s allegations.

Plaintiff’s status as an immigration detainee or

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Accordingly, the Court will require Plaintiff to file, within 30 days, a notice

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informing the Court as to whether he is an immigration detainee or a convicted inmate.

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JDDL

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Plaintiff’s notice must be limited to this issue. If Plaintiff fails to file a notice within 30

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days, the Court will dismiss this action.

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II.

Warnings

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A.

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Plaintiff must file and serve a notice of a change of address in accordance with

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Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion

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for other relief with a notice of change of address. Failure to comply may result in

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dismissal of this action.

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B.

Address Changes

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

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notice to Plaintiff.

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C.

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If Plaintiff fails to timely comply with every provision of this Order, including

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these warnings, the Court may dismiss this action without further notice. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action

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for failure to comply with any order of the Court).

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IT IS ORDERED:

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(1)

Possible Dismissal

Plaintiff has 30 days to file a notice stating whether he is an immigration

detainee or convicted inmate.
(2)

If Plaintiff fails to file the notice within 30 days, the Clerk of Court must

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enter a judgment of dismissal of this action without prejudice and without further notice

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to Plaintiff.

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Dated this 2nd day of December, 2013.

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JDDL

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