Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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RP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) ) Maricopa County Sheriff's Office, et al., ) ) ) Defendants. ) Johnny Ramirez, No. CV 03-1980-PHX-NVW (ECV) ORDER

Pending before the Court in this closed case is Plaintiff's "Motion For Order" (Doc. #11), filed on October 16, 2006. I. Background On October 10, 2003, Plaintiff Johnny Ramirez, confined in the Arizona State Prison Complex-Eyman in Florence, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. #1).1 Plaintiff did not pay the $150.00 filing fee, but filed a certified Application to Proceed In Forma Pauperis and Inmate Account Statement with the Complaint. By Order filed May 28, 2004 (Doc. #3), Plaintiff's Application to Proceed was granted, and Plaintiff was obligated to pay the $150.00 statutory filing fee for this action. Plaintiff was not assessed an initial partial filing fee. The Order also dismissed Plaintiff's Complaint for failure to state a claim. Plaintiff was given 30 days from the filing date of the Order to file an amended complaint in

Plaintiff was confined in the Maricopa County Madison Jail when he filed the Complaint. Document 13 Filed 10/23/2006 Page 1 of 3

Case 2:03-cv-01980-NVW--ECV

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compliance with the Court's Order. In the event that Plaintiff failed to file an amended complaint within 30 days from the filing date of the Order, the Clerk of Court was directed to enter a judgment of dismissal of the action, without prejudice and without further notice to Plaintiff. By separate Order filed May 28, 2004 (Doc. #4), the Maricopa County Sheriff or his designee was required to send to the Clerk of Court payments from Plaintiff's trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of $150.00 is paid in full. Although copies of both Orders were mailed to Plaintiff, the copies came back to the Court as returned mail. To date, Plaintiff has not filed a Notice of Change of Address as required, although the return address on his "Motion For Order" indicates that he is currently confined in the Meadows Unit of ASPC- Eyman in Florence, Arizona. When Plaintiff failed to comply with the Court's May 28, 2004 Order (Doc. #3) by filing an amended complaint, the Clerk of Court entered a judgment of dismissal of this action without prejudice on July 19, 2004 (Doc. #9). II. Motion For Order In Plaintiff's "Motion For Order" (Doc. #11), Plaintiff seeks the status of his case and an order requiring the Clerk of Court to send him all the mail that was returned to the Clerk and a copy of his "civil filing" in this case. Plaintiff's Motion will be granted to the extent that this Order informs him of the closed status of his case and to the extent that the Court will require the Clerk of Court to mail Plaintiff copies of the Court's mail that were returned to the Clerk and a copy of his original Complaint (Doc. #1) in this case. Because this case has been closed for over two years, the Court will require that Plaintiff not file any further pleadings in this case. IT IS ORDERED: (1) Plaintiff's "Motion For Order" (Doc. #11) is granted to the extent that this Order informs him of the closed status of this case and to the extent that the Clerk of Court must mail Plaintiff copies of the Court's mail that were returned to the Clerk and a copy of his
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original Complaint (Doc. #1). (2) Plaintiff must not file any further pleadings in this closed case. DATED this 23rd day of October 2006.

Case 2:03-cv-01980-NVW--ECV

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