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

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Case 2:04-cv-00376-MHM Document 21 Filed 01/10/2006 Page 1 of 3

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Bruce Lee Scott, Plaintiff, vs.

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No. CIV 04-376-PHX-MHM (VAM) ORDER

On February 23, 2004, Petitioner Bruce Lee Scott, presently confined in the Arizona State Prison Complex-Yuma, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("Petition"). The Court dismissed the Petition on April 29, 2004 because the Petition contained both exhausted and unexhausted claims (Doc. #3). On May 10, 2004, Petitioner filed an Amended Petition and a Motion to Stay proceedings in this Court while Petitioner exhausted all of his claims in state court. The Court granted the Motion to Stay on August 2, 2004 (Doc. #6). On July 29, 2005, Petitioner filed a status report which indicated that the Arizona Supreme Court denied Petitioner's Petition for Review to that court. On September 8, 2005, the Court lifted the stay in this case and directed Petitioner to file a second amended petition. On September 28, 2005, Petitioner filed a Motion for Extension of Time (Doc. #17), which the Court granted on October 21,

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2005 (Doc. #18). On November 4, 2005, Plaintiff filed another Motion for Extension of Time (Doc. #19). In his Motion for Extension of Time, Petitioner asks that he be given an additional thirty (30) days to file a second amended complaint because he has been unable to obtain case law necessary for drafting his petition. The Court will grant the Motion, and Petitioner will have thirty (30) days from the filing date of this Order to file a second amended petition. This is Petitioner's final opportunity to file a second amended petition. Petitioner will not be granted any further extensions of time and Petitioner's failure to file a second amended petition within thirty (30) days of the filing date of this order will result in the dismissal of this action. Petitioner should note that the instructions on the form for filing a petition for habeas corpus require only that a petitioner, "[s]tate as briefly as possible the FACTS supporting Ground [_]. State the facts clearly in your own words without citing cases or legal arguments." Form at pages 5, 6, & 7 (emphasis added). IT IS THEREFORE ORDERED as follows: (1) Petitioner's November 4, 2005 Motion for Extension of Time (Doc. #19) is GRANTED; (2) Petitioner shall have thirty (30) days from the filing date of this Order to file a second amended petition to show how he is being held in custody in violation of the Constitution, laws or treaties of the United States, to specify all the exhausted grounds for relief which are available to him, to set forth in summary form the facts supporting each of his grounds, and to provide information as to how he has first exhausted his state court remedies as to each ground on which he requests action by this Court. The second amended petition must be retyped or rewritten in its entirety on a Court-approved form and may not incorporate any part of the original or Amended Petition, including exhibits, by reference. Any second amended petition submitted by Petitioner should be clearly designated as a second amended petition on the face of the document. Petitioner should take notice that if he fails to timely file a second amended petition, the Clerk of the Court will enter a judgment of dismissal of the action without further notice to Petitioner; -2Case 2:04-cv-00376-MHM Document 21 Filed 01/10/2006 Page 2 of 3

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(3) The Clerk of the Court is DIRECTED to enter a judgment of dismissal of this action without prejudice, without further notice to Petitioner, if Petitioner fails to file a second amended petition within thirty (30) days from the filing date of this Order; (4) Aside from the two (2) copies of the amended petition that must be submitted pursuant to Rule 3.5(a) of the Local Rules of Civil Procedure ("LRCiv"), a clear, legible copy of every pleading or other document filed SHALL ACCOMPANY each original pleading or other document filed with the Clerk for use by the District Judge or Magistrate Judge to whom the case is assigned. See LRCiv 5.4. Failure to submit a copy along with the original pleading or document will result in the pleading or document being stricken without further notice to Petitioner; (5) At all times during the pendency of this action, Petitioner SHALL IMMEDIATELY ADVISE the Court and the United States Marshal of any change of address and its effective date. Such notice shall be captioned "NOTICE OF CHANGE OF ADDRESS." The notice shall contain only information pertaining to the change of address and its effective date, except that if Petitioner has been released from custody, the notice should so indicate. The notice shall not include any motions for any other relief. Failure to file a NOTICE OF CHANGE OF ADDRESS may result in the dismissal of the action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). DATED this 8th day of January, 2006.

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