Maisano v. Hall et al

Filing 3

ORDER DISMISSING CASE without prejudice. The Clerk is DIRECTED to assign a civil action number to this case, to enter judgment and to close the case, in accordance with Rule 58, Fed. R. Civ. P. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 1/7/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DALE MAISANO,
Plaintiff,
v.
C.O. II R. HALL et al.,
Defendants.

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3:14-0018
Case No. 3:13-mc-0151
Judge Trauger

ORDER
Pro se plaintiff Dale Maisano has filed yet another one-page complaint in this Court, this time
alleging that he “is give food daily that makes him quite ill. This morning 11-19-2013 is no exception.
Medical Malpractice.” (ECF No. 1, at 1.) He seeks injunctive relief and damages in the amount of “One
Trillion Dollars U.S.” for violation of the Civil Rights Act of 1871, and “Ten Trillion Dollars U.S.” for RICO
violations. (Id.)
The plaintiff is barred by 28 U.S.C. § 1915(g) from proceeding in forma pauperis. He did not
submit the $400.00 filing fee with his complaint, and he does not allege that he is in imminent danger of
serious physical injury. Moreover, the complaint is not in compliance with the Order and Restraining Order
entered by Senior United States District Judge Stephen M. McNamee on August 11, 1992 in an
(unsuccessful) attempt to curtail the plaintiff’s voluminous frivolous filings.1 Among other things, Judge
McNamee’s order enjoins Maisano from filing any civil action in the United States District Court for the
District of Arizona, or any other federal court, without first obtaining leave of the court. See Maisano v.
Lewis, CIV 92-1026-PHX-SMM (MS) (D. Ariz. Aug. 11, 1992) (Order and Restraining Order).
Pursuant to the Restraining Order, any “[f]ailure to comply strictly with [its] terms . . . will be
sufficient ground to deny leave to file.” Id. Because the plaintiff made no attempt with his current filing to
comply with the Restraining Order, the present complaint is hereby DISMISSED WITHOUT PREJUDICE.

1

Maisano has now filed over 1000 civil lawsuits in federal court (most in the District of Arizona),
and approximately 250 during the month of October 2013, according to PACER, a national database of
federal court filings.

2

An appeal of this order would not be in good faith, and the Court will not grant leave to appeal in
forma pauperis.
The Clerk is DIRECTED to enter assign a civil action number to this case, to enter judgment and
to close the case, in accordance with Rule 58, Fed. R. Civ. P.
It is so ORDERED.

Aleta A. Trauger
United States District Judge