Court Filings

Begay v Obama ECF 25 - 2014-01-07 Order that the case remain closed

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Court order in Begay v. Obama. 2:12-cv-01948 ECF 25. Order that various motions were moot and that the case remain closed. Plaintiff: Arnold James Begay Defendant: Barack Hussein Obama II
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   1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MDR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Arnold James Begay, Plaintiff, vs. United States President Barack Hussein Obama, II,, Defendant.  No. CV 12-1948-PHX-PGR (BSB) ORDER On September 13, 2012, Plaintiff Arnold James Begay, who is confined in the Federal Correctional Institution (FCI)-Marianna in Marianna, Florida, filed an untitled Document that appears to be a  pro   se  Complaint. In an October 23, 2012 Order, the Court noted that Plaintiff had not paid the $350.00 civil action filing fee or filed an Application to Proceed   In Forma Pauperis . The Court gave Plaintiff 30 days to pay the fee or file a complete Application to Proceed   In Forma Pauperis  and warned Plaintiff that the Clerk of Court would enter a judgment of dismissal of the action, without  prejudice and without further notice to Plaintiff, if he failed to either pay the filing fee or file a complete Application to Proceed within 30 days. The Clerk of Court mailed the Order to Plaintiff at the Nevada Southern Detention Center, but the Order was returned to the Court as undeliverable, with a notation that Plaintiff was “Not [an] NSDC Detainee.” In a January 23, 2013 Order, the Court directed the Clerk of Court to update Plaintiff’s address and send a copy of the October 23 Order to Plaintiff at FCI-Herlong. In the Order, the Court also gave Plaintiff 30 days from the date the Order was filed to Case 2:12-cv-01948-PGR--BSB Document 25 Filed 01/07/14 Page 1 of 3   - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 comply with the October 23 Order by either paying the filing fee or filing a complete Application to Proceed  In Forma Pauperis . The Court warned Plaintiff that the Clerk of Court would enter a judgment of dismissal of the action, without prejudice and without further notice to Plaintiff, if he failed to either pay the filing fee or file a complete Application to Proceed within 30 days. On March 18, 2013, the Clerk of Court entered Judgment, dismissing the action  because Plaintiff had failed to either pay the filing fee or file an Application to Proceed within 30 days of the January 23 Order. On March 20, 2013, Plaintiff filed a Motion for Extension of Time to Proceed  In Forma Pauperis  and an Application to Proceed  In Forma Pauperis . In a May 7, 2013 Order, the Court vacated the Judgment, granted the Motion for Extension of Time, considered the Application to Proceed to be timely filed, and denied the Application to Proceed because it was deficient. The Court gave Plaintiff 30 days to either pay the filing fee or file a complete Application to Proceed  In Forma Pauperis  and warned Plaintiff that the Clerk of Court would enter a judgment of dismissal of the action, without  prejudice and without further notice to Plaintiff, if he failed to either pay the filing fee or file a complete Application to Proceed within 30 days. On June 6, 2013, Plaintiff filed two motions. On June 20, 2013, he filed an additional two motions. In a September 24, 2013 Order, the Court noted that Plaintiff’s June 6 and 20 Motions did not relate to the Court’s Order directing Plaintiff to either pay the filing fee or file an Application to Proceed  In Forma Pauperis  within 30 days. Because it had been significantly more than 30 days after the Court issued its May 7 Order and Plaintiff had failed to either pay the filing fee or file an Application to Proceed  In Forma Pauperis , the Court dismissed this action, without prejudice, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with a Court order, and denied the pending motions. The Clerk of Court entered Judgment on September 24, 2013. . . . . Case 2:12-cv-01948-PGR--BSB Document 25 Filed 01/07/14 Page 2 of 3   - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 4, 2013, Plaintiff filed a Document (Doc. 23) entitled “Order: for a Ruling on Rule 6.” In the Document, Plaintiff seeks an extension of time to file an Application to Proceed  In Forma Pauperis  and pay the filing fee in this case. On  November 29, 2013, Plaintiff filed a Document (Doc. 24) entitled “Order for a ‘Full Investigation’ and ‘Disclosures’ and ‘Discovery’ and ‘Rule 9 Release in a Criminal Case.’” Because this case is closed, the Court will deny as moot Plaintiff’s requests. IT IS ORDERED:  (1) Plaintiff’s November 4, 2013 Document (Doc. 23) is denied as moot . (2) Plaintiff’s November 29, 2013 Document (Doc. 24) is denied as moot . (3) This case must remain closed . Dated this 6th day of January, 2014. Case 2:12-cv-01948-PGR--BSB Document 25 Filed 01/07/14 Page 3 of 3
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