McKee v. Navajo Nation et al

Filing 7

ORDER Plaintiff's Letter (Doc. 6 ) is granted in part to the extent Plaintiff seeks an extension of time to comply with the Court's August 23, 2012 Order; and is denied in part to the extent Plaintiff is seeking a "Certificate of Ser vice." Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement for the six months precedi ng the filing of the Complaint. Plaintiff must submit statements from each institution where he was confined during the six-month period. If Plaintiff fails to either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis 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 Senior Judge Robert C Broomfield on 10/17/2012. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Dree Lee McKee,

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Plaintiff,
vs.

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Navajo Nation, et al.,
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Defendants.

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No. CV 12-8143-PCT-RCB (MEA)
ORDER

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On July 17, 2012, Plaintiff Dree Lee McKee, who is confined in the Arizona State

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Prison-Florence West in Florence, Arizona, filed a pro se civil rights Complaint pursuant to

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42 U.S.C. §1983 and an Application to Proceed In Forma Pauperis. In an August 23, 2012

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Order, the Court denied the deficient Application to Proceed and gave Plaintiff 30 days to

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pay the fee or file a complete Application to Proceed In Forma Pauperis.

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I.

Letter

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On September 18, 2012, Plaintiff filed a Letter (Doc. 6) seeking an extension of time

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to comply with the August 23rd Order and a “Certificate of Service” so he can send medical

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reports to the Court.

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First, it is improper for a party to communicate directly with court personnel. Simply

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mailing a letter to the Clerk of Court, the judge, or any court personnel is unacceptable. Any

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request for action by the Court must be in the form of a motion that complies with the Rules

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of Practice of the United States District Court for the District of Arizona (the Local Rules).

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Any future letters directed to the Clerk of Court, the judge, or any court personnel will be

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stricken from the record and will be returned to Plaintiff.

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Second, in resolution of Plaintiff’s Letter, the Court finds good cause to grant Plaintiff

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an extension of time to comply with the August 23rd Order. The Court will give Plaintiff an

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additional 30 days to comply with the August 23rd Order. However, because it is not

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necessary for Plaintiff to submit medical reports to the Court at this time, the Court will deny

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his request for a “Certificate of Service.”

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II.

Warnings

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A.

Address Changes

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

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

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

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 notice

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to Plaintiff.

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C.

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If Plaintiff fails to timely comply with every provision of the August 23rd Order or

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this Order, including these warnings, the Court may dismiss this action without further

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notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may

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dismiss an action 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 Letter (Doc. 6) is granted in part to the extent Plaintiff seeks an

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extension of time to comply with the Court’s August 23, 2012 Order; and is denied in part

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to the extent Plaintiff is seeking a “Certificate of Service.”

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(2)

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

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$350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a

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certified six-month trust account statement for the six months preceding the filing of the

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Complaint. Plaintiff must submit statements from each institution where he was confined

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during the six-month period.

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(3)

If Plaintiff fails to either pay the $350.00 filing fee or file a complete

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Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a

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judgment of dismissal of this action without prejudice and without further notice to Plaintiff.

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DATED this 17 th day of October, 2012.

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15 cc: plaintiff pro se
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