Free Order on Motion for Extension of Time - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Paul E. Rhodes, Plaintiff, vs. Judy Aguilar, et al., Defendants.

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No. CV 04-0644-PHX-JAT (LOA) ORDER

On March 18, 2005, this Court granted Plaintiff permission to proceed in forma
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pauperis, and notified him that he was responsible for paying the filing fee of $150.00
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incrementally. This Court also informed Plaintiff that in case of his release, he was to pay
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the balance of his filing fee within 120 days or show cause why he could not. Plaintiff
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informed this Court of his change of address in May 2006, indicating that he had been
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released from imprisonment (Doc. #82). At this time, Plaintiff has a balance of $148.00.
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Plaintiff now seeks an extension of time in which to pay his filing fees (Doc. #89). Plaintiff's
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request will be granted. Plaintiff must, within 120 days from the date of this Order, either
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pay the balance of his filing fee or update this Court as to his current financial condition,
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including his sources of income, whether he is employed, and any liabilities he may have.
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At such time, the Court will determine how the filing fee in this action should be paid.
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Plaintiff is advised that if he fails to timely comply with every provision of this Order,
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this action will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
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JDDL

Case 2:04-cv-00644-JAT-LOA

Document 91

Filed 09/12/2006

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JDDL

See Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (district court may dismiss action for failure to comply with any order of the court). IT IS ORDERED: (1) Plaintiff's Motion for an Extension of Time to Pay his Filing Fee (Doc. #89) is granted. (2) Plaintiff must, within 120 days from the date of this Order, either (a) pay the balance of the filing fee - $148.00, or (b) provide the Court with an update of his financial status to determine the how the filing fee in this action should be paid. (3) The Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice if Plaintiff fails to comply with this order. DATED this 12th day of September, 2006.

Case 2:04-cv-00644-JAT-LOA

-2Document 91 Filed 09/12/2006

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