Opinion
CV-23-01659-PHX-JAT (ASB)
10-23-2023
Quaraii Rashad Brumfield, Plaintiff, v. Unknown, Defendant.
ORDER
On August 14, 2023, pro se Plaintiff Quaraii Rashad Brumfield, who was then confined in the Arizona State Prison Complex-Eyman, filed a document that appears to be a civil complaint (“Complaint”). Plaintiff did not pay the $350.00 civil action filing fee and $50.00 administrative fee or file an Application to Proceed In Forma Pauperis.
In other cases before the Court, Plaintiff has filed a Notice of Change of Address indicating he is no longer in custody. The Court will give Plaintiff 30 days to pay the filing and administrative fees or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs. The Court will also dismiss the Complaint and give Plaintiff 30 days to file an amended complaint that complies with the Local Rules of Civil Procedure. .... ....
See Doc. 6 in CV-23-00367-TUC-RM and Doc. 5 in CV-23-01657-PHX-JAT (ASB).
I. Proceeding In Forma Pauperis
Pursuant to 28 U.S.C. § 1915(a), the Court “may authorize the commencement . . . of any suit . . ., without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state nature of the action . . . and affiant's belief that the person is entitled to redress.” The Court provides an Application to Proceed in District Court Without Prepaying Fees or Costs to assist persons seeking to proceed in forma pauperis. The Court will give Plaintiff 30 days from the date this Order is filed to either pay the $350.00 filing fee and the $50.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs using the form included with this Order.
“Numerous Courts of Appeal have held that, notwithstanding the term ‘prisoner' in the statute, section 1915(a) ‘applies to all persons applying for IFP status, and not just prisoners.'” Charov v. Perry, 2010 WL 3522270, *1 (D. Nev. 2010), citing Lister v. Dep't of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005) (collecting cases from the Eleventh, Fifth, and Sixth Circuits so holding); see also Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007) (citing Lister and stating § 1915(a) “allows the district court to waive the fee, for most individuals unable to afford it, by granting IFP status.”)
II. Complaint
Plaintiff's Complaint does not name Defendants, allege a basis for this Court's jurisdiction, or comply with Rule 7.1 of the Local Rules of Civil Procedure. Accordingly, the Court will dismiss the Complaint and give Plaintiff 30 days to file an amended complaint. The Court will send Plaintiff a court-approved form to assist him in drafting an amended complaint.
An amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original Complaint and that was voluntarily dismissed or was dismissed without prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc).
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. 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. See Ferdik, 963 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 either pay the $350.00 filing fee and the $50.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs using the form included with this Order.
(2) If Plaintiff fails to either pay the $350.00 filing fee and $50.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff.
(3) The Complaint (Doc. 1) is dismissed without prejudice. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint.
(4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice.
(5) The Clerk of Court must mail Plaintiff the court-approved forms for filing a civil rights complaint by a prisoner and a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs.
(6) The Clerk of Court must update Plaintiff's address to:
Quaraii Rashad Brumfield
2005 E. 36th St.
Tucson, Arizona 85713.