DeRock v. Sprint-Nextel

Filing 20

ORDER. NOW THEREFORE IT IS HEREBY ORDERED that plaintiff DeRock is denied permission to file the complaints referred to above in forma pauperis. The Clerk is directed to return the complaints to the plaintiff. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

RODRICK G. DeROCK,
Case No. 1:11-cv-00619-BLW-LMB
(Lead Case)

Plaintiff,
v.

ORDER

SPRINT-NEXTEL,
Defendant.

INTRODUCTION
In a prior decision in this case, the Court dismissed the case and held that Plaintiff
Rodrick DeRock must obtain permission before filing any further complaints. He now seeks
approval for filing 11 new complaints against the following parties: (1) Idaho Magistrate Judge
Russell A. Comstock; (2) Attorney Jolene Maloney; (3) Federal Magistrate Judge Larry M.
Boyle; (4) Tomlinson and Associates; (5) the Idaho Judicial Council; (6) Ninth Circuit Judge
“Clifton”; (7) Ninth Circuit Judge “Canby”; (8) Lisa Jones; (9) the Boise City Ombudsman
Office; (10) the Boise Housing Corp.; and (11) the Oak Park Village Limited Partnership.
DeRock seeks in forma pauperis status to file the complaints. Each complaint concerns
an ongoing dispute DeRock has regarding a $64 increase in rent at his place of residence. In
summary, DeRock claims that the various defendants in each action has played some part in
conspiring to have DeRock evicted or unlawfully pay more rent.

In an earlier decision, the Court ordered an almost identical series of complaints
dismissed and ordered that DeRock obtain permission before being allowed to file further
complaints. The district court may deny permission to file a complaint in forma pauperis if the
complaint is frivolous on its face. O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990).
These complaints are frivolous on their face. The Court therefore denies permission for
filing.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED that plaintiff DeRock is denied permission
to file the complaints referred to above in forma pauperis. The Clerk is directed to return the
complaints to the plaintiff.

DATED: June 11, 2014

Honorable B. Lynn Winmill
Chief U. S. District Judge