Medley v. Ryan et al
||January 11, 2010
||US District Court for the District of Arizona
||Phoenix Division Office
||David K Duncan (PS)
||Mary H Murguia
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|February 4, 2010
ORDER The Court construes Petitioner's § 2254 Petition Doc. # 1 as a civil rights action brought pursuant to 42 U.S.C. § 1983. The 2254 Petition (Doc. #1) is dismissed without prejudice for failure to file on the proper court-approved form Petitioner's "Motion 3 for a Court Order Requiring A.D.O.C. to Provide a Certified Copy of Petitioner's Inmate Account and Certified In Forma Pauperis to Petitioner" is denied without prejudice. Petitioner's "Mot ion 4 for Court Order Requiring A.D.O.C. to Produce Petitioner's Medical Records" is denied without prejudice. Petitioner has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Pe titioner fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner. Within 30 days of the date this Orde r is filed, Petitioner must either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Petitioner fails to either pay the $350.00 filing fee or file a 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 Petitioner. The Clerk of Court must mail Petitioner a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas) and a court-approved form for filing a civil rights complaint. Signed by Judge Mary H Murguia on 2/2/10.(KMG) .
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