Free Order - District Court of Arizona - Arizona

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Case 2:04-cv-00047-NVW--JRI

RP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Darrol D. Clayborn, Plaintiff, vs.

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No. CV-04-47-PHX-NVW (JRI) ORDER

Pending before this Court is Plaintiff's "Petition For Forma Pauperis Status" (Document #9) (Petition), filed on September 8, 2005. BACKGROUND Darrol D. Clayborn (Plaintiff), currently confined in the Flamenco Mental Health Center at the Arizona State Prison Complex in Phoenix, Arizona (ASPC-Phoenix), filed with the Clerk of the Court on January 7, 2004 a pro se "Civil Rights Complaint By A Prisoner" (Document #1) (Complaint) pursuant to Title 42 U.S.C. § 1983.1 Plaintiff did not pay the one hundred and fifty dollar ($150.00) filing fee, but filed a certified "Application to Proceed In

When Plaintiff filed the Complaint, he was confined in the Maricopa County Towers Jail in Phoenix, Arizona.

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Forma Pauperis By A Prisoner Civil (Non-Habeas)" (Application To Proceed) and an "Inmate Account Statement" (Account Statement) with his Complaint. By "Notice Of Reassignment" (Document #4) filed June 1, 2004, this action was reassigned to Judge Neil V. Wake for all further proceedings. By Order filed August 4, 2004 (Document #5), Plaintiff's Application To Proceed was granted and Plaintiff was obligated to pay the one hundred and fifty dollar ($150.00) statutory filing fee for this action. Based on the average monthly deposits in Plaintiff's account for six (6) months preceding the filing of the Complaint, an initial partial filing fee of one dollar and sixty-six cents ($1.66) was assessed. The Order filed August 4, 2004 also dismissed the Complaint and this action without prejudice, without leave to amend, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim upon which relief can be granted. Judgment was entered on August 4, 2004 (Document #6). PETITION In his Petition, Plaintiff asks the Court for "Forma Pauperis Status" in this case. (Petition at 1). Not only did the Court's previous Order grant Plaintiff's Application To Proceed, but it also dismissed this action. Accordingly, Plaintiff's Petition will be denied as moot. Plaintiff should not file any further documents in this closed case. IT IS THEREFORE ORDERED: (1) That Plaintiff's "Petition For Forma Pauperis Status" (Document #9) is DENIED AS MOOT; (2) That Plaintiff SHALL NOT FILE any further documents in this closed case. DATED this 29th day of September, 2005.

-2Case 2:04-cv-00047-NVW--JRI Document 11 Filed 09/30/2005 Page 2 of 2