Parks et al v. McCluskey et al

Filing 12

ORDER denying as moot 11 Plaintiff Park's Motion for Order to Show Cause. This case must remain closed. Signed by Judge G Murray Snow on 10/7/10.(TLJ)

Parks et al v. McCluskey et al

Doc. 12

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WO NOT FOR PUBLICATION

RP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Edward Faye Parks, et al., Plaintiffs, vs. Mike McCluskey, et al., Defendants.

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No. CV 10-8055-PCT-GMS (DKD) ORDER

Pending before the Court in this closed case is Plaintiff Edward Faye Parks's "Motion, To Show Cause" (Doc. 11). The Court will deny the Motion as moot. I. Procedural Background On March 17, 2010, Plaintiff Edward Faye Parks, who is confined in the Great Plains Correctional Facility in Hinton, Oklahoma, and Plaintiff Amelia French, who resides in Bullhead City, Arizona, filed a pro se Complaint in the United States District Court for the Southern District of New York. By Order filed March 17, 2010 (Doc. 3), that Court transferred the action to this Court. When the action was transferred to this Court, the Plaintiffs had not paid the $350.00 civil action filing fee but Plaintiff Edward Faye Parks had filed a "Request To Proceed In Forma Pauperis" (Doc. 7). Plaintiff Amelia French had not filed an Application to Proceed In Forma Pauperis. By Order filed May 24, 2010 (Doc. 9), the Court denied the "Request To Proceed In Forma Pauperis" and dismissed the Complaint and this action without

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prejudice under 28 U.S.C. § 1915(g) because at least three of Plaintiff Parks's prior actions had been dismissed for failure to state a claim and Plaintiff Parks had not alleged in the Complaint that he was in imminent danger of serious physical injury. Judgment was entered on May 24, 2010 (Doc. 10). Plaintiffs did not file an appeal. II. Pending Motion On August 26, 2010, Plaintiff Parks filed a "Motion, To Show Cause" (Doc. 11). Because this action has been dismissed, the Court will deny this Motion as moot. IT IS ORDERED: (1) (2) Plaintiff Parks's "Motion, To Show Cause" (Doc. 11) is denied as moot. This case must remain closed.

DATED this 7th day of October, 2010.

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