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MDR




IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Arnold J ames 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 J anuary 23, 2013 Order, the Court directed the Clerk of Court to update
Plaintiffs 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
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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 J udgment, dismissing the action
because Plaintiff had failed to either pay the filing fee or file an Application to Proceed
within 30 days of the J anuary 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 J udgment, 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 J une 6, 2013, Plaintiff filed two motions. On J une 20, 2013, he filed an
additional two motions. In a September 24, 2013 Order, the Court noted that Plaintiffs
J une 6 and 20 Motions did not relate to the Courts 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 J udgment on September 24,
2013.
. . . .
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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 Plaintiffs requests.
IT IS ORDERED:
(1) Plaintiffs November 4, 2013 Document (Doc. 23) is denied as moot.
(2) Plaintiffs November 29, 2013 Document (Doc. 24) is denied as moot.
(3) This case must remain closed.
Dated this 6th day of J anuary, 2014.



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