Park v. Lewis

Filing 12

ORDER denying 10 Motion for Preliminary Injunction.; denying 11 Motion for Preliminary Injunction. Clerk shall not accept filings from P in this action other than a notice of appeal. Signed by Judge Larry R. Hicks on 07/01/09. (Copies have been distributed pursuant to the NEF - LG)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
WARING PARK, Plaintiff, vs. ORDER GINNY LEWIS, NEVADA DMV DIRECTOR, 3:08-cv-00423-LRH-VPC

This closed civil rights case comes before the Court on the plaintiff's amendment to complaint, motion for preliminary injunction (#101) and plaintiff's motion for injunction (#11). Plaintiff filed his complaint without either an application to proceed in forma pauperis or with the requisite $350.00 filing fee. Minute Order (#3) directed Plaintiff to either pay the filing fee or complete an application to proceed in forma pauperis and file it with the clerk of the court by a specified date and that failure to do so would result in a recommendation for dismissal of the action. Plaintiff requested an extension of time to respond to the Minute Order (#4) and was granted to December 1, 2008, to do so (#5). Plaintiff responded with a Notice of In Forma Pauperis Application is a Constitutional Violation (#6). A Report and Recommendation of U.S. Magistrate Judge (#7) was filed outlining the history of Plaintiff's refusal to comply with the court's orders and recommended the denial of in forma pauperis status to Plaintiff and that the action be dismissed Refers to court's docket number.

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without prejudice An order (#8) adopting and accepting the recommendation of the Magistrate Judge was filed and Judgment was entered (#9). Plaintiff filed his amendment to complaint, motion for preliminary injunction (#10) and motion for injunction (#11). The present action, however, is closed. IT THEREFORE IS ORDERED that the plaintiff's amendment to complaint, motion for preliminary injunction (#10) and plaintiff's motion for injunction (#11) is DENIED. If plaintiff wishes to pursue his claims, he must file a new complaint in a new action accompanied by either the required $350.00 filing fee or a properly completed application to proceed in forma pauperis. IT THEREFORE IS ORDERED that the Clerk of the Court shall accept no further filings, including letters, from Plaintiff in this action other than a notice of appeal from this order. DATED this 1st day of July, 2009.

____________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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