Maisano v. Vukcevic et al

Filing 2

ORDER DISMISSING CASE WITHOUT PREJUDICE. This is the final judgment in this action, for purposes of Rule 58, Fed. R. Civ. P. Signed by District Judge Aleta A. Trauger on 4/1/15. (xc:Pro se party by regular and certified 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 V. VUKCEVIC et al.,
Defendants.

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Case No. 3:15-cv-0284
Judge Trauger

ORDER
The plaintiff in this case claims imminent danger, but he does not provide any factual allegations to
support the claim. In addition, the complaint was filed in an improper venue, 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) (
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.
It is so ORDERED.
This is the final judgment in this action, for purposes of Rule 58, Fed. R. Civ. P.

ALETA A. TRAUGER
United States District Judge