Dolezal v. Johnson et al
Scott Riley Dolezal |
Sally S Duncan, Mary Wisdom, Frank A Johnson, Jr. and Rachel Phipps-Yonas |
2:2008cv02361 |
December 29, 2008 |
US District Court for the District of Arizona |
Habeas Corpus (General) Office |
Maricopa |
Lawrence O Anderson (PS) |
David G Campbell |
Plaintiff |
Federal Question |
28:2254 Petition for Writ of Habeas Corpus (State) |
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Filing 6 ORDER Pla's "Claim for Relief" 1 is denied without prejudice. Pla's Request to Proceed In Forma Pauperis 3 is denied without prejudice. Within 30 days of the date this Order is filed, Pla must determine whether he intends to t reat this lawsuit as a civil rights lawsuit or a habeas corpus petition. (a) If Pla treats his lawsuit as a civil rights lawsuit, within 30 days ofthe date this Order is filed, Pla must: (1) either pay the $350.00 filing fee or file a complete A pplication to Proceed In Forma Pauperis and a certified six-month trust account statement, and (2) file a first amended complaint on the court-approved form. (b) If Pla treats his lawsuit as a habeas corpus petition, within 30 days of the date this O rder is filed, Pla must: (1) either pay the $5.00 filing fee or file a complete Application to Proceed In Forma Pauperis, and (2) file an amended petition on the court-approved form. If Pla fails to either pay the appropriate filing fee or file the appropriate, complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Pla. If Pla fails to file either an amended compla int or an amended petition on the appropriate court-approved form within 30 days, the Clerk of Court must enter a judgment of dismissal of this action, without prejudice and without further notice to Pla. Special Prisoner Deadline due by 3/9/2009.. Signed by Judge David G Campbell on 2/4/09. (KMG, ) |
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