Zotika v. Jackson et al

Filing 5

ORDER, Plaintiff's Application to Proceed In Forma Pauperis 2 is denied without prejudice; within 30 days, Plaintiff must either pay the $400.00 filing and administrative fees or file a complete Application to Proceed In Forma Pauperis an d a certified six-month trust account statement; if Plaintiff fails to comply with this order, the Clerk must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Senior Judge Stephen M McNamee on 8/20/14. (Attachments: # 1 IFP Form) (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Patrick James Zotika,

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Plaintiff,

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No. CV 14-0830-PHX-SMM (DKD)

vs.

ORDER

Steven Jackson, et al.,

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Defendants.

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Plaintiff Patrick James Zotika, who is confined in the Maricopa County Lower

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Buckeye Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an

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Application to Proceed In Forma Pauperis (Doc. 2). The Court will deny the deficient

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Application to Proceed and will give Plaintiff 30 days to pay the filing and administrative

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fees or file a complete Application to Proceed In Forma Pauperis.

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I.

Payment of Filing Fee

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When bringing an action, a prisoner must either pay the $350.00 filing fee and a

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$50.00 administrative fee in a lump sum or, if granted the privilege of proceeding in

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forma pauperis, pay the $350.00 filing fee incrementally as set forth in 28 U.S.C.

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§ 1915(b)(1). An application to proceed in forma pauperis requires an affidavit of

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indigence and a certified copy of the inmate’s trust account statement for the six months

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preceding the filing of the Complaint. 28 U.S.C. § 1915(a)(2). An inmate must submit

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statements from each institution where the inmate was confined during the six-month

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period. Id. To assist prisoners in meeting these requirements, the Court requires use of a

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form application. LRCiv 3.4.

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If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an

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initial partial filing fee of 20% of either the average monthly deposits or the average

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monthly balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An

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initial partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4).

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The balance of the $ 350.00 filing fee will be collected in monthly payments of 20% of

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the preceding month’s income credited to an inmate’s account, each time the amount in

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the account exceeds $10.00. 28 U.S.C. § 1915(b)(2).

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II.

Application Fails to Comply With Statute

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Plaintiff has used the court-approved form, but has left blank the “Consent to

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Collection of Fees from Trust Account” section. This part of the in forma pauperis

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application must be filled out, signed, and dated.

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Official as to Status of Applicant’s Trust Account” section is also not completed, and

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Plaintiff has not submitted a certified six-month trust account statement. In light of these

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deficiencies, the Court will deny the Application to Proceed and will give Plaintiff 30

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days to either pay the $400.00 filing and administrative fees or file a complete

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Application to Proceed In Forma Pauperis.

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III.

The “Certificate of Correctional

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.

Address Changes

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B.

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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.

Copies

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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’s Application to Proceed In Forma Pauperis (Doc. 2) is denied

without prejudice.
(2)

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

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$400.00 filing and administrative fees or file a complete Application to Proceed In

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Forma Pauperis and a certified six-month trust account statement.

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(3)

If Plaintiff fails to either pay the $400.00 filing and administrative fees or

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file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of

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Court must enter a judgment of dismissal of this action without prejudice and without

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further notice to Plaintiff.

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(4)

The Clerk of the Court must mail Plaintiff a court-approved form for filing

an Application to Proceed In Forma Pauperis (Non-Habeas).
DATED this 20th day of August, 2014.

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