Maisano v. Corizon Health Inc. et al, No. 3:2015cv00264 - Document 2 (M.D. Tenn. 2015)

Court Description: 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 Todd J. Campbell on 4/1/15. (xc:Pro se party by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified Text on 4/1/2015 (dt).

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Maisano v. Corizon Health Inc. et al Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION DALE MAISANO, Plaintiff, v. CORIZON HEALTH INC. et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 3:15-cv-0264 Judge Campbell 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. TODD CAMPBELL United States District Judge Dockets.Justia.com

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