2:26-cv-04917•Bracamonte v. Sheridan et al
Gesamter Gesetzestext
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 JDDL KM WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Tara Jane Bracamonte, Plaintiff, v. Gerard A. Sheridan, et al., Defendants. No. CV-26-04917-PHX-JAT (CDB) ORDER Plaintiff Tara Jane Bracamonte, who was formerly confined in a Maricopa County Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis (Doc. 2). In seeking leave to proceed in forma pauperis, Plaintiff used the court-approved Application to Proceed In Forma Pauperis for use by prisoners. On August 21, 2026, Plaintiff filed a Notice of Change of Address (Doc. 5) indicating she is no longer in custody. Because Plaintiff has been released since she filed her prisoner Application to Proceed In Forma Pauperis, the Court will deny as moot the Application to Proceed and will grant Plaintiff leave to file a non-prisoner application to proceed in forma pauperis. Because Plaintiff is no longer a prisoner, to be granted leave to proceed in forma pauperis, she only needs to satisfy the indigency requirements for a non-prisoner and, if she does so, she will not be required to pay the filing fees that she would have been required to pay as a prisoner. 1 Plaintiff will be given 30 days from the date this Order is filed to either pay 1 Pursuant to 28 U.S.C. § 1915(b)(1), “if a prisoner brings a civil action or files an Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 1 of 8
- 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 JDDL the $350.00 filing fee and the $55.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs using the form included with this Order. Plaintiff is advised that whether she pays the filing fee and administrative fee or is granted leave to proceed in forma pauperis, the Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1)–(2). The Court must screen Plaintiff’s Complaint under this provision because Plaintiff filed her Complaint while she was incarcerated and is seeking relief against a governmental entity or an officer or an employee of a governmental entity. Moreover, pursuant to 28 U.S.C. § 1915(e)(2), the Court is required to review complaints brought by all plaintiffs who are proceeding in forma pauperis and must dismiss a complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court). IT IS ORDERED: (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied as moot. appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee,” 28 U.S.C. § 1915(b)(1), even if she is permitted to proceed in forma pauperis. There is no requirement that non-prisoners pay the full amount of the filing fee if they are permitted to proceed in forma pauperis. Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 2 of 8
- 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 JDDL (2) Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $55.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs. (3) If Plaintiff fails to either pay the $350.00 filing fee and $55.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. (4) The Clerk of Court must mail Plaintiff a court-approved non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs form. Dated this 16th day of October, 2026. Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 3 of 8
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Page 2 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Retirement (such as social security, pensions, annuities, insurance) $ $ $ $ Disability (such as social security, insurance payments) $ $ $ $ Unemployment payments $ $ $ $ Public-assistance (such as welfare) $ $ $ $ Other (specify): $ $ $ $ Total monthly income: $ $ $ $ 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ 3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ $ 4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has $ $ $ $ $ $ If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. 0.00 0.00 0.00 0.00 Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 5 of 8
Page 3 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse Home (Value) $ Other real estate (Value) $ Motor vehicle #1 (Value) $ Make and year: Model: Registration #: Motor vehicle #2 (Value) $ Make and year: Model: Registration #: Other assets (Value) $ Other assets (Value) $ 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse money Amount owed to you Amount owed to your spouse $ $ $ $ $ $ 7. State the persons who rely on you or your spouse for support. Name (or, if under 18, initials only) Relationship Age Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 6 of 8
Page 4 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment (including lot rented for mobile home) $ $ Are real estate taxes included? ’ Yes ’ No Is property insurance included? ’ Yes ’ No Utilities (electricity, heating fuel, water, sewer, and telephone) $ $ Home maintenance (repairs and upkeep) $ $ Food $ $ Clothing $ $ Laundry and dry-cleaning $ $ Medical and dental expenses $ $ Transportation (not including motor vehicle payments) $ $ Recreation, entertainment, newspapers, magazines, etc. $ $ Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter's: $ $ Life: $ $ Health: $ $ Motor vehicle: $ $ Other: $ $ Taxes (not deducted from wages or included in mortgage payments) (specify): $ $ Installment payments Motor vehicle: $ $ Credit card (name): $ $ Department store (name): $ $ Other: $ $ Alimony, maintenance, and support paid to others $ $ Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 7 of 8
Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 8 of 8
OCR transcription for search; preserved printed pages are authoritative
0 A NY Dn FBP W NO DN NO NO WN HN HN KN KN BRB RRB Re Re Re Re Re NI DA Un BP WN KH DO THAI DB na BP WO NY YK SO 28 Case 2:26-cv-04917-JAT--CDB Document6 Filed 10/16/26 Page1of8 KM WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Tara Jane Bracamonte, No. CV-26-04917-PHX-JAT (CDB) Plaintiff, Vv. ORDER Gerard A. Sheridan, et al., Defendants. Plaintiff Tara Jane Bracamonte, who was formerly confined in a Maricopa County Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis (Doc. 2). In seeking leave to proceed in forma pauperis, Plaintiff used the court-approved Application to Proceed In Forma Pauperis for use by prisoners. On August 21, 2026, Plaintiff filed a Notice of Change of Address (Doc. 5) indicating she is no longer in custody. Because Plaintiff has been released since she filed her prisoner Application to Proceed In Forma Pauperis, the Court will deny as moot the Application to Proceed and will grant Plaintiff leave to file a non-prisoner application to proceed in forma pauperis. Because Plaintiff is no longer a prisoner, to be granted leave to proceed in forma pauperis, she only needs to satisfy the indigency requirements for a non-prisoner and, if she does so, she will not be required to pay the filing fees that she would have been required to pay as a prisoner.' Plaintiff will be given 30 days from the date this Order is filed to either pay ' Pursuant to 28 U.S.C. § 1915(b)(1), “if a prisoner brings a civil action or files an - 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 JDDL the $350.00 filing fee and the $55.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs using the form included with this Order. Plaintiff is advised that whether she pays the filing fee and administrative fee or is granted leave to proceed in forma pauperis, the Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1)–(2). The Court must screen Plaintiff’s Complaint under this provision because Plaintiff filed her Complaint while she was incarcerated and is seeking relief against a governmental entity or an officer or an employee of a governmental entity. Moreover, pursuant to 28 U.S.C. § 1915(e)(2), the Court is required to review complaints brought by all plaintiffs who are proceeding in forma pauperis and must dismiss a complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. If Plaintiff fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court). IT IS ORDERED: (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied as moot. appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee,” 28 U.S.C. § 1915(b)(1), even if she is permitted to proceed in forma pauperis. There is no requirement that non-prisoners pay the full amount of the filing fee if they are permitted to proceed in forma pauperis. Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 2 of 8 - 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 JDDL (2) Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $55.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs. (3) If Plaintiff fails to either pay the $350.00 filing fee and $55.00 administrative fee or file a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. (4) The Clerk of Court must mail Plaintiff a court-approved non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs form. Dated this 16th day of October, 2026. Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 3 of 8 Case 2:26-cv-04917-JAT--CDB Document 6 ~~ Filed 10/16/26 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) UNITED STATES DISTRICT COURT for the Plaintiff/Petitioner v. Defendant/Respondent — Se Civil Action No. Page 4 of 8 Page 1 of 5 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Long Form) Affidavit in Support of the Application I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. I declare under penalty of perjury that the information below is true and understand that a false statement may result in a dismissal of my claims. Signed: Instructions Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a question is “0,” “none,” or “not applicable (N/A),” write that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with your name, your case's docket number, and the question number. Date: E. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly income Income amount expected amount during the past 12 next month months You Spouse You Spouse Employment $ $ $ Self-employment $ $ $ Income from real property (such as rental income) $ $ $ Interest and dividends $ $ $ Gifts $ $ $ Alimony $ $ $ Child support $ $ $ Page 2 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Retirement (such as social security, pensions, annuities, insurance) $ $ $ $ Disability (such as social security, insurance payments) $ $ $ $ Unemployment payments $ $ $ $ Public-assistance (such as welfare) $ $ $ $ Other (specify): $ $ $ $ Total monthly income: $ $ $ $ 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ 3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ $ 4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has $ $ $ $ $ $ If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. 0.00 0.00 0.00 0.00 Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 5 of 8 Page 3 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse Home (Value) $ Other real estate (Value) $ Motor vehicle #1 (Value) $ Make and year: Model: Registration #: Motor vehicle #2 (Value) $ Make and year: Model: Registration #: Other assets (Value) $ Other assets (Value) $ 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse money Amount owed to you Amount owed to your spouse $ $ $ $ $ $ 7. State the persons who rely on you or your spouse for support. Name (or, if under 18, initials only) Relationship Age Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 6 of 8 Page 4 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment (including lot rented for mobile home) $ $ Are real estate taxes included? ’ Yes ’ No Is property insurance included? ’ Yes ’ No Utilities (electricity, heating fuel, water, sewer, and telephone) $ $ Home maintenance (repairs and upkeep) $ $ Food $ $ Clothing $ $ Laundry and dry-cleaning $ $ Medical and dental expenses $ $ Transportation (not including motor vehicle payments) $ $ Recreation, entertainment, newspapers, magazines, etc. $ $ Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter's: $ $ Life: $ $ Health: $ $ Motor vehicle: $ $ Other: $ $ Taxes (not deducted from wages or included in mortgage payments) (specify): $ $ Installment payments Motor vehicle: $ $ Credit card (name): $ $ Department store (name): $ $ Other: $ $ Alimony, maintenance, and support paid to others $ $ Case 2:26-cv-04917-JAT--CDB Document 6 Filed 10/16/26 Page 7 of 8 Case 2:26-cv-04917-JAT--CDB Document6- Filed 10/16/26 Page 8of8 Page 5 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Regular expenses for operation of business, profession, or farm (attach detailed $ S statement) Other (specify): $ $ Total monthly expenses: 0.005 —_ a. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? OYes ONo If yes, describe on an attached sheet. 10. Have you spent — or will you be spending — any money for expenses or attorney fees in conjunction with this lawsuit? OF Yes ONo If yes, how much? $ 11. Provide any other information that will help explain why you cannot pay the costs of these proceedings. 12. Identify the city and state of your legal residence. Your daytime phone number: Your age: Your years of schooling:
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