Maisano v. Martinez et al

Filing 3

ORDER DISMISSING CASE without prejudice. The Clerk is DIRECTED to enter assign a civil action number. Signed by District Judge Todd J. Campbell on 1/31/14. (xc:Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DALE MAISANO, ) ) ) ) ) ) ) ) ) Plaintiff, v. SGT. [F/N/U] MARTINEZ et al., Defendants. Case No. 3:14-mc-00186 Judge Campbell ORDER The complaint in this case is frivolous and fails to comply with the Order and Restraining Order entered by Senior United States District Judge Stephen M. McNamee on August 11, 1992. 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. 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 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. Todd Campbell United States District Judge

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