Sorey v. Arpaio

Full title: David Sorey, Plaintiff, v. Joseph Arpaio, et al., Defendants

Court: United States District Court, D. Arizona

Date published: Jul 19, 2006

No. CV 05-3369-PHX-DGC (VAM) (D. Ariz. Jul. 19, 2006)

Opinion

No. CV 05-3369-PHX-DGC (VAM).

July 19, 2006

ORDER

DAVID CAMPBELL, District Judge

Plaintiff has filed an Amended Complaint and Application to Proceed In Forma Pauperis and a Second Amended Complaint in this closed case. The Court will order the Clerk to strike both documents.

I. Background

Plaintiff David Sorey, confined in the Arizona State Prison Complex — Douglas, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 on October 24, 2005. By Order dated November 17, 2005, the Court denied Plaintiff's Application to Proceed In Forma Pauperis because it was incomplete and gave Plaintiff 30 days to pay the statutory filing fee or file a new Application to Proceed In Forma Pauperis. (Doc. # 3.) On February 16, 2006, the Clerk of Court entered a Judgment stating that because Plaintiff failed to comply with the Court's Order, the action was dismissed without prejudice. (Doc. # 4.)

On February 22, 2006, Plaintiff filed an Amended Complaint and Application to Proceed In Forma Pauperis (Doc. #5), and on May 17, 2006 he filed a Second Amended Complaint (Doc. # 6).

II. First Amended Complaint and Application to Proceed In Forma Pauperis and Second Amended Complaint

When Plaintiff filed the First Amended Complaint and Application to Proceed In Forma Pauperis (Doc. # 5) on February 22, 2006 and his Second Amended Complaint (Doc. # 6) on May 17, 2006, a judgment had already been entered in this case, and the case had been closed. Plaintiff's new Application to Proceed In Forma Pauperis should have been filed by December 17, 2006. Plaintiff requested no extensions of time for filing a new Application to Proceed In Forma Pauperis. It was not until February 16, 2006, that the Clerk entered the judgment of dismissal. In all, Plaintiff waited nearly three months to file his new Application to Proceed In Forma Pauperis and did so after the Clerk of Court entered a judgment of dismissal in this case. Accordingly, the Clerk of Court will be ordered to strike Plaintiff's First Amended Complaint and Application to Proceed In Forma Pauperis and Second Amended Complaint from the record of this case. Plaintiff must not file any further documents in this closed case. If Plaintiff wishes to pursue his claims, he must file a new action.

IT IS ORDERED:

(1) The Clerk of Court must strike Plaintiff's First Amended Complaint and Application to Proceed In Forma Pauperis (Doc. # 5) and his Second Amended Complaint (Doc. # 6) from the record of this case.

(2) Plaintiff must not file any further documents in this closed case.