Longstreet v. Arpaio et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
No. CV 14-00701-PHX-SPL (BSB)
ORDER TO SHOW CAUSE
Joseph M. Arpaio, et al.,
Plaintiff Nathaniel Longstreet, who was formerly confined in the Maricopa
County Durango Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983
and an Application to Proceed In Forma Pauperis. On July 21, 2014, Plaintiff filed a
Notice of Change of Address (Doc. 8) indicating he is no longer in custody.
The Court granted Plaintiff leave to proceed in forma pauperis and assessed the
statutory filing fee of $350.00. (Doc. 5). Plaintiff was cautioned that in the event of his
release, he would be required to pay the balance of the filing fee within 120 days or show
cause within 30 days why he cannot pay. Currently, Plaintiff owes $350.00 towards the
either pay the $350.00 balance of the filing fee or file a “Response” to this Order.
Plaintiff’s Response must state the date of his release and must either promise to pay the
unpaid balance of the filing fee within 120 days from the date of his release or show
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
Response must be made under penalty of perjury.
requirement may be satisfied when a person declares under penalty of perjury that the
submission is true and correct and signs and dates the document).
See 28 U.S.C. § 1746 (oath
If Plaintiff fails to timely comply with every provision of this Order, 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:
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.
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
Dated this 23rd day of July, 2014.
Honorable Steven P. Logan
United States District Judge
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