Ochoa v. Evers et al

Filing 13

ORDER denying 11 Motion for District Judge to Reconsider Order. IT IS FURTHER ORDERED that the Clerk shall not accept any other documents for filing in this matter except a proper Notice of Appeal. Signed by Judge Miranda M. Du on 10/12/2012. (Copies have been distributed pursuant to the NEF - HJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARTURO TORRES OCHOA,

Case No. 3:12-cv-00241-MMD-WGC
Plaintiff,

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ORDER
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v.

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EVERS, et al.
Defendants.

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This is a civil rights action submitted by the plaintiff. However, under 28 U.S.C. §

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1915(g), Ochoa has been banned from filing actions in forma pauperis unless he can

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show he is in imminent danger of serious physical injury. Ochoa was advised to amend

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his complaint, if he could, to show such imminent harm. He did not do so and the

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complaint was dismissed (dkt no. 8).

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Plaintiff has now filed a document entitled “Motion to the Honorable Court Relate

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Records Evidences For Re-consider Hearing (dkt. No. 4).” (Dkt. no. 11.) Docket number

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4 in this matter is plaintiff’s motion for hearing, which was denied at the same time the

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complaint was dismissed.

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Plaintiff’s motion offers a rather confusing story regarding plaintiff being “under

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kidnapping” [sic], and references to his plea of not guilty and “memorandum threats”

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about his ability to enroll in school in response to the Court’s requirement that he show

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imminent danger.

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hearing (dkt. No. 4).” The statement attached by plaintiff seems to indicate that he

Plaintiff requests the Court to “apply this commons sense and set a

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believes he will be released from prison if he pays the fee.

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Plaintiff’s motion is

incomprehensible and therefore, the Court cannot offer relief.

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IT IS THEREFORE ORDERED that the motion (dkt. no. 11) is DENIED.

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IT IS FURTHER ORDERED that the Clerk shall not accept any other documents

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for filing in this matter except a proper Notice of Appeal.

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DATED THIS 12th day of October 2012.

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UNITED STATES DISTRICT JUDGE
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