Cheney v. Arizona Department of Corrections et al
Filing
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ORDER - (1) Plaintiff's Motion to Request a Thirty Day Extension of Time (Doc. 6) is granted. (2) 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 from the ADOCs Central Office. (3) 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 Judge G Murray Snow on 6/2/11.(LAD)
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WO
MDR
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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vs.
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Arizona Department of Corrections, et al.,)
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Defendants.
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Jimmy Lee Cheney,
No. CV 11-816-PHX-GMS (ECV)
ORDER
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On April 21, 2011, Plaintiff Jimmy Lee Cheney, who is confined in the Arizona State
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Prison Complex-Lewis in Buckeye, Arizona, filed a pro se civil rights Complaint pursuant
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to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In an April 25, 2011
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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.
Pending Motion
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On May 31, 2011, Plaintiff filed a “Motion to Request a Thirty Day Extension of
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Time to Complete Application to Proceed In Forma Pauperis with Six Month Trust Account
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Statement” (Doc. 6). The Court, in its discretion, will grant the Motion and will give
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Plaintiff an additional 30 days to either pay the $350.00 filing fee or file a complete
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Application to Proceed In Forma Pauperis.
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....
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JDDL
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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.
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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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Copies
to Plaintiff.
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C.
Possible Dismissal
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If Plaintiff 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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Plaintiff’s Motion to Request a Thirty Day Extension of Time (Doc. 6) is
granted.
(2)
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Within 30 days of the date this Order is filed, Plaintiff must either pay the
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certified six-month trust account statement from the ADOC’s Central Office.
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JDDL
$350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a
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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 2nd day of June, 2011.
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JDDL
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