Longstreet v. Arpaio et al

Filing 9

ORDER TO SHOW CAUSE - (1) Within 30 days from the date this Order is filed, Plaintiff must either pay the balance of the $350.00 filing fee or file a Response as described above. (2) If Plaintiff fails to pay the balance of the filing fee or file a Response to this Order within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice. (See document for further details). Signed by Judge Steven P Logan on 7/23/14. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Nathaniel Longstreet,

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No. CV 14-00701-PHX-SPL (BSB)

Plaintiff,
vs.

ORDER TO SHOW CAUSE

Joseph M. Arpaio, et al.,

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Defendants.

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Plaintiff Nathaniel Longstreet, who was formerly confined in the Maricopa

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County Durango Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983

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and an Application to Proceed In Forma Pauperis. On July 21, 2014, Plaintiff filed a

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Notice of Change of Address (Doc. 8) indicating he is no longer in custody.

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The Court granted Plaintiff leave to proceed in forma pauperis and assessed the

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statutory filing fee of $350.00. (Doc. 5). Plaintiff was cautioned that in the event of his

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release, he would be required to pay the balance of the filing fee within 120 days or show

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cause within 30 days why he cannot pay. Currently, Plaintiff owes $350.00 towards the

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fee.

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either pay the $350.00 balance of the filing fee or file a “Response” to this Order.

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Plaintiff’s Response must state the date of his release and must either promise to pay the

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unpaid balance of the filing fee within 120 days from the date of his release or show

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JDDL

Accordingly, Plaintiff will be given 30 days from the date this Order is filed to

good cause why he cannot pay the outstanding balance of the filing fee. Plaintiff’s

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Response must be made under penalty of perjury.

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requirement may be satisfied when a person declares under penalty of perjury that the

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submission is true and correct and signs and dates the document).

See 28 U.S.C. § 1746 (oath

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

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may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258,

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1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with

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any order of the Court).

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IT IS ORDERED:

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(1)

Within 30 days from the date this Order is filed, Plaintiff must either pay

the balance of the $350.00 filing fee or file a Response as described above.
(2)

If Plaintiff fails to pay the balance of the filing fee or file a Response to this

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Order within 30 days, the Clerk of Court must enter a judgment of dismissal of this action

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without prejudice.

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Dated this 23rd day of July, 2014.

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Honorable Steven P. Logan
United States District Judge

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JDDL

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