Stoller v. Bank of New York Mellon Trust Company et al

Filing 17

ORDER that Plaintiff's motion for injunctive relief is denied 10 . Signed by Judge G Murray Snow on 8/5/11.(TLJ)

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1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 ) ) ) ) Plaintiff, ) ) ) vs. ) ) Bank of New York Mellon Trust) ) Company, et al., ) ) ) Defendants. ) Christopher Stoller, No. CV 11-01105-GMS-JRI ORDER 19 Plaintiff Christopher Stoller, who is confined in the Lake County Adult Corrections 20 Facility, in Waukegan, Illinois, filed a pro se Complaint asserting fraud claims and violations 21 of his constitutional rights under 42 U.S.C. § 1983 with a pro se motion to proceed in forma 22 pauperis. (Doc. 1.) In an Order filed on July 25, 2011, this Court denied Plaintiff’s in forma 23 pauperis motion with leave to file a new in forma pauperis application within 30 days using 24 this District’s required form. (Doc. 9.) The Clerk of Court mailed Plaintiff the court- 25 approved form. (Id.) On August 3, 2011, Plaintiff filed a motion for a temporary restraining 26 27 28 JDDL 1 order.1 (Doc. 10.) Plaintiff’s motion will be denied. 2 “No preliminary injunction shall be issued without notice to the adverse party.” 3 Fed.R.Civ. P. 65(a)(1). Further, a temporary restraining order without notice may be granted 4 only if the applicant certifies to the court in writing the efforts, if any, that he made to give 5 notice and the reasons that notice should not be required. Fed.R.Civ.P. 65(b). 6 Plaintiff’s motion does not reflect service on the Defendants nor does he certify in 7 writing the efforts he made to give notice to any Defendant or reasons why such notice 8 should not be required. Moreover, at this juncture, Plaintiff has neither paid the $350.00 9 filing fee nor filled the court-approved form for a prisoner to seek leave to proceed in forma 10 pauperis. If and when Plaintiff does so, the Court will screen Plaintiff’s Complaint pursuant 11 to 28 U.S.C. §1915(e)(2) to assess whether Plaintiff has stated a claim and, if so, order 12 service on the Defendants. Plaintiff’s motion for injunctive relief will be denied. 13 Warnings 14 A. Address Changes 15 Plaintiff must file and serve a notice of a change of address in accordance with Rule 16 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 17 relief with a notice of change of address. Failure to comply may result in dismissal of this 18 action. 19 B. Copies 20 Plaintiff must submit an additional copy of every filing for use by the Court. See 21 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 22 to Plaintiff. 23 C. Possible Dismissal 24 If Plaintiff fails to timely comply with every provision of this Order, including these 25 26 27 28 JDDL 1 Plaintiff also filed a notice of interlocutory appeal concerning the denial of his in forma pauperis motion and a motion for leave to appeal in forma pauperis. (Doc. 11, 12.) The latter was denied by separate order. (Doc. 16.) -2- 1 warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 2 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to 3 comply with any order of the Court). 4 IT IS ORDERED that Plaintiff’s motion for injunctive relief is denied. (Doc. 10.) 5 DATED this 5th day of August, 2011. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL -3-

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