Mauer v. Mohave County Sheriff et al

Filing 4

ORDER, that within 30 days of the date this Order is filed, Plaintiff must file a "Notice of Status of Confinement" that clearly indicates whether Plaintiff was confined when he filed his lawsuit, whether he is currently confined, and, if h e is currently confined, where he is confined. If Plaintiff fails to file, within 30 days, a Notice of Status of Confinement, as required by this Order, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action wit hout prejudice and without further notice to Plaintiff. That within 30 days of the date this Order is filed, Plaintiff must file a completed and signed Certificate, using the Certificate form provided with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an original signature on his Complaint and "Application for In Forma Pauperis Status". If Plaintiff fails to file, within 30 days, a completed and signed Certificate on the form provided with thi s Order, the Clerk of Court must strike Plaintiff's Complaint and "Application for In Forma Pauperis Status" and enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. Signed by Judge Robert C Broomfield on 3/6/11. (DMT)

--JRI Mauer v. Mohave County Sheriff et al

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Stephen Eugene Mauer, Plaintiff, vs. Mohave County Sheriff, et al., Defendants.

) ) ) ) ) ) ) ) ) )

No. CV 11-8029-PCT-RCB (JRI) ORDER

On February 15, 2011, Plaintiff Stephen Eugene Mauer filed a pro se Prisoner Civil Rights Complaint pursuant to 42 U.S.C. § 1983 (Doc.1) and an "Application for In Forma Pauperis Status" (Doc. 3). I. Status of Plaintiff's Confinement It is unclear whether Plaintiff was confined when he filed this lawsuit­Plaintiff has provided the Court with a non-prison address, but the statements in his Complaint suggest that he is currently confined. The status of Plaintiff's confinement is relevant because Local Rule of Civil Procedure 3.4(a) requires in part that "[a]ll complaints and applications to proceed in forma pauperis by incarcerated persons shall be signed and legibly written or typewritten on forms approved by the Court and in accordance with the instructions provided with the forms." Neither Plaintiff's Complaint nor his "Application for In Forma Pauperis Status" is on a court-approved form for an incarcerated person. Thus, the Court will require Plaintiff to submit, within 30 days, a filing entitled "Notice of Status of Confinement" that

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clearly indicates whether Plaintiff was confined when he filed his lawsuit, whether he is currently confined, and, if he is currently confined, where he is confined. II. Complaint and Application are not signed All pleadings must be signed by the party if the party is not represented by an attorney. Fed. R. Civ. P. 11(a) and LRCiv 3.4(a), 7.1(b)(1). An unsigned pleading must be stricken unless omission of the signature is corrected promptly after being called to the attention of the party. Fed. R. Civ. P. 11(a). Plaintiff's Complaint and "Application for In Forma Pauperis Status" are unsigned. Therefore, Plaintiff will be permitted 30 days from the filing date of this Order to submit a completed and signed Certificate, using the Certificate form included with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an original signature on his Complaint and "Application for In Forma Pauperis Status" for the purposes of Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure. III. Warnings A. Address Changes

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. B. Copies

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. C. Possible Dismissal

If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. Ferdik v. Bonzelet, 963

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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: (1) Within 30 days of the date this Order is filed, Plaintiff must file a "Notice of

Status of Confinement" that clearly indicates whether Plaintiff was confined when he filed his lawsuit, whether he is currently confined, and, if he is currently confined, where he is confined. (2) If Plaintiff fails to file, within 30 days, a Notice of Status of Confinement, as

required by this Order, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. (3) Within 30 days of the date this Order is filed, Plaintiff must file a completed

and signed Certificate, using the Certificate form provided with this Order, certifying that Plaintiff's signature on the Certificate shall serve as an original signature on his Complaint and "Application for In Forma Pauperis Status" for the purposes Rule 3.4(a) of the Local Rules of Civil Procedure and Rule 11 of the Federal Rules of Civil Procedure. (4) If Plaintiff fails to file, within 30 days, a completed and signed Certificate on

the form provided with this Order, the Clerk of Court must strike Plaintiff's Complaint and "Application for In Forma Pauperis Status" and enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. (5) The Clerk of Court must mail Plaintiff a Certificate form.

DATED this 6th day of March, 2011.

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______________________________ ______________________________ ______________________________ (Your Name and Address) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Stephen Eugene Mauer, Plaintiff, vs. Mohave County Sheriff, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. CV11-8029-PCT-RCB (JRI) CERTIFICATE

I, Stephen Eugene Mauer, hereby certify: I have read the pro se Complaint (Doc. 1) and "Application for In Forma Pauperis Status" (Doc. 3) filed by me on February 15, 2011, and to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) they are not being presented for any improper purpose, such

as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are

warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary

support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

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(4)

the denials of factual contentions are warranted on the

evidence or, if specifically so identified, are reasonably based on a lack of information or belief. I further certify that my signature on this document shall serve as an original signature on the above-referenced Complaint and "Application for In Forma Pauperis Status" for the purposes of Local Rule of Civil Procedure 3.4(a) and Rule 11 of the Federal Rules of Civil Procedure.

EXECUTED on this______day of______________________________, 2011.

(Signature of Plaintiff) Stephen Eugene Mauer

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