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

Filing 38

ORDER denying 28 Motion to Stay; denying 7 Motion to Consolidate. (See document for full details). Signed by Judge G Murray Snow on 9/1/11.(LAD)

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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, which was not on this District’s court-approved form. (Doc. 1.) In an Order filed

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on July 25, 2011, this Court denied Plaintiff’s in forma pauperis motion with leave to file a

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new in forma pauperis application within 30 days using this District’s required form. (Doc.

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9.) On August 3, 2011, Plaintiff filed a motion for injunctive relief, a notice of interlocutory

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appeal concerning the denial of his in forma pauperis motion, and a motion for leave to

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appeal in forma pauperis. (Doc. 10, 11, 12.) The Court denied Plaintiff’s motion for leave

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to proceed in forma pauperis on appeal as not taken in good faith. (Doc. 16.) By separate

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order, the Court also denied Plaintiff’s motion for injunctive relief. (Doc. 17.) Plaintiff filed

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a second interlocutory appeal concerning the denial of injunctive relief and he also filed a

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motion for leave to proceed in forma pauperis in that appeal and a motion for stay pending

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appeal. (Doc. 21, 22.) In an Order filed on August 10, 2011, those motions were denied and

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the Court certified that Plaintiff’s interlocutory appeals were not taken in good faith. (Doc.

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27.)

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On August 12, 2011, Plaintiff filed another motion to stay proceedings on the basis

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that he had just learned of the death of his 29-year old son on August 6, 2011. (Doc. 28.)

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In light of the procedural posture of this case, Plaintiff’s motion for stay will be denied.

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Plaintiff has failed to submit this District’s approved form for a prisoner to seek leave to

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proceed in forma pauperis or to pay the $350.00 filing fee. As Plaintiff was previously

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informed in the Court’s July 25, 2011 Order, this action will be dismissed without prejudice

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if he fails to comply with that Order within 30 days of its issuance.

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The Court will also summarily deny Plaintiff’s motion to consolidate this action with

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Bank of New York Mellon v. Ribadeniera, No. CV11-0982-PHX-FJM. (Doc. 7.) That case

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was remanded to state court on July 8, 2011.

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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.

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

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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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Possible Dismissal

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comply with any order of the Court).

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IT IS ORDERED:

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(1)

Plaintiff’s motion to consolidate is denied. (Doc. 7.)

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(2)

Plaintiff’s motion for stay is denied. (Doc. 28.)

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DATED this 1st day of September, 2011.

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