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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WO

SC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Bank of New York Mellon Trust)
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Company, et al.,
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Defendants.
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Christopher Stoller,

No. CV 11-01105-GMS-JRI
ORDER

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Plaintiff Christopher Stoller, who is confined in the Lake County Adult Corrections

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Facility, in Waukegan, Illinois, filed a pro se Complaint asserting fraud claims and violations

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of his constitutional rights under 42 U.S.C. § 1983 with a pro se motion to proceed in forma

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pauperis. (Doc. 1.) In an Order filed on July 25, 2011, this Court denied Plaintiff’s in forma

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pauperis motion with leave to file a new in forma pauperis application within 30 days using

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this District’s required form. (Doc. 9.) The Clerk of Court mailed Plaintiff the court-

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approved form. (Id.) On August 3, 2011, Plaintiff filed a motion for a temporary restraining

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JDDL

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order.1 (Doc. 10.) Plaintiff’s motion will be denied.

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“No preliminary injunction shall be issued without notice to the adverse party.”

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Fed.R.Civ. P. 65(a)(1). Further, a temporary restraining order without notice may be granted

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only if the applicant certifies to the court in writing the efforts, if any, that he made to give

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notice and the reasons that notice should not be required. Fed.R.Civ.P. 65(b).

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Plaintiff’s motion does not reflect service on the Defendants nor does he certify in

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writing the efforts he made to give notice to any Defendant or reasons why such notice

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should not be required. Moreover, at this juncture, Plaintiff has neither paid the $350.00

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filing fee nor filled the court-approved form for a prisoner to seek leave to proceed in forma

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pauperis. If and when Plaintiff does so, the Court will screen Plaintiff’s Complaint pursuant

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to 28 U.S.C. §1915(e)(2) to assess whether Plaintiff has stated a claim and, if so, order

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service on the Defendants. Plaintiff’s motion for injunctive relief will be denied.

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Warnings

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A.

Address Changes

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Plaintiff must file and serve a notice of a change of address in accordance with Rule

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83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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B.

Copies

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Plaintiff must submit an additional copy of every filing for use by the Court. See

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LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice

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to Plaintiff.

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C.

Possible Dismissal

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If Plaintiff fails to timely comply with every provision of this Order, including these

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JDDL

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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.)
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warnings, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to

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comply with any order of the Court).

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IT IS ORDERED that Plaintiff’s motion for injunctive relief is denied. (Doc. 10.)

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DATED this 5th day of August, 2011.

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JDDL

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