Parks v. Mohave, County of et al

Filing 4

ORDER denying without prejudice 2 Petitioner's Motion for Leave to Proceed in forma pauperis. Within 30 days of the date this Order is filed, Petitioner must either pay the $5.00 filing fee or file a complete Application to Proceed In For ma Pauperis. If Petitioner fails to comply, the Clerk of Court must enter a judgment of dismissal without prejudice. The Clerk of Court must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Habeas). Signed by Judge G Murray Snow on 8/23/12.(TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Edward F. Parks,
Petitioner,

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vs.

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Mohave County, et al.,
Respondents.

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No. CV 12-8155-PCT-GMS (DKD)
ORDER

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On August 1, 2012, Petitioner Edward F. Parks, who is confined in the Arizona State

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Prison Complex-Yuma in San Luis, Arizona, filed a pro se Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2254 and an Application to Proceed In Forma Pauperis

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(Doc. 2).

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I.

Failure to Pay Filing Fee

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of habeas corpus. Rule 3.5(b) of the Local Rules of Civil Procedure requires that “[i]f a

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habeas corpus petitioner desires to prosecute the petition in forma pauperis, the petitioner

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shall file an application to proceed in forma pauperis on a form approved by the Court,

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accompanied by a certification of the warden or other appropriate officer of the institution

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in which the petitioner is confined as to the amount of money or securities on deposit to the

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petitioner’s credit.” Rule 3.5(b) also requires payment of the $5.00 filing fee if a petitioner

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JDDL

Section 1914(a), 28 U.S.C., establishes a $5.00 filing fee for applications for a writ

has in excess of $25.00 in his inmate account.

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Although Petitioner has used the court-approved form, the “Certificate of Correctional

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Official as to Status of Applicant’s Trust Account” section has not been completed by an

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authorized correctional official, as required. In light of this discrepancy, the Court will deny

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the Application to Proceed In Forma Pauperis and will give Petitioner 30 days to either pay

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the $5.00 filing fee or submit a complete Application to Proceed In Forma Pauperis.

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II.

Warnings

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A.

Address Changes

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Petitioner 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. Petitioner 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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Petitioner 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 Petitioner.

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C.

Possible Dismissal

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If Petitioner fails to timely comply with every provision of this Order, including these

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warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED:

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(1)

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

without prejudice.
(2)

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

$5.00 filing fee or file a complete Application to Proceed In Forma Pauperis.
(3)

If Petitioner fails to either pay the $5.00 filing fee or file a complete

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

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JDDL

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

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Petitioner.

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(4)

The Clerk of Court must mail Petitioner a court-approved form for filing an

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Application to Proceed In Forma Pauperis (Habeas).

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DATED this 23rd day of August, 2012.

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Name and Prisoner/Booking Number

Place of Confinement

Mailing Address

City, State, Zip Code

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Petitioner,
vs.
Respondent(s).

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APPLICATION TO PROCEED
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IN FORMA PAUPERIS
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BY A PRISONER
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(HABEAS)

I,
, declare, in support of my request to proceed in the above
entitled case without prepayment of fees under 28 U.S.C. § 1915, that I am unable to pay the fees for these
proceedings or to give security therefor and that I believe I am entitled to relief.
In support of this application, I answer the following questions under penalty of perjury:
1.

Are you currently employed at the institution where you are confined?
If "Yes," state the amount of your pay and where you work.

GYes

GNo

2.

Do you receive any other payments from the institution where you are confined?
If "Yes," state the source and amount of the payments.

GYes

GNo

98-ifphab
Revised 6/98

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3.

Do you have any other sources of income, savings, or assets either inside or outside of the institution where
you are confined?
GYes
GNo
If "Yes," state the sources and amounts of the income, savings, or assets.

I declare under penalty of perjury that the above information is true and correct.

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SIGNATURE OF APPLICANT

CERTIFICATE OF CORRECTIONAL OFFICIAL
AS TO STATUS OF APPLICANT’S TRUST ACCOUNT
, certify that as of the date applicant signed this application:

I,
(Printed name of official)

The applicant’s trust account balance at this institution is: $

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AUTHORIZED SIGNATURE

TITLE/ID NUMBER

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INSTITUTION