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