Maisano v. Corizon Health Inc.
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. Signed by District Judge Kevin H. Sharp on 5/6/14. (xc:Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DALE MAISANO,
Plaintiff,
v.
DOCTOR KENNETH MERCHANT and
CORIZON HEALTH INC.,
Defendants.
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Case No. 3:14-mc-00689
Judge Sharp
ORDER
The complaint in this case was filed in an improper venue, is frivolous, and fails to comply with
the restraining order entered by Senior United States District Judge Stephen M. McNamee on August 11,
1992. Maisano v. Lewis, CIV 92-1026-PHX-SMM (MS) (D. Ariz. Aug. 11, 1992). 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 1992 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.
Kevin H. Sharp
United States District Judge
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