Opinion
CV 22-00240-PHX-MTL (CDB)
03-14-2022
Gene Veal, Plaintiff, v. Paul Penzone, et al., Defendants.
ORDER
Michael T. Liburdi United States District Judge
On February 14, 2022, Plaintiff Gene Veal, who is not in custody, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. Plaintiff did not pay the $350.00 civil action filing fee and $52.00 administrative fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs. The Court will give Plaintiff 30 days to pay the filing and administrative fees or file a complete Application to Proceed.
I. Filing Fee or Application to Proceed
A party instituting a civil action in district court is required to pay a $350.00 filing fee and a $52.00 administrative fee unless the party is granted leave to proceed in forma pauperis. 28 U.S.C. §§ 1914, 1915. Thus, the Court will give Plaintiff thirty days to either pay the $350.00 filing fee and the $52.00 administrative fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs using the form included with this Order. . . . . . . . .
II. 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 v. Bonzelet, 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 $52.00 administrative fee or file a complete Application to Proceed in District Court Without Prepaying Fees Or Costs.
(2) If Plaintiff fails to either pay the $350.00 filing fee and $52.00 administrative fee or file a complete 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 and deny any pending unrelated motions as moot.
(3) The Clerk of Court must mail Plaintiff a court-approved Application to Proceed in District Court Without Prepaying Fees Or Costs.