United States District Court, D. Arizona
ROBERT C. BROOMFILED, Senior District Judge.
With the undersigned's consent, United States District Court Chief Judge Raner C. Collins has directed that the above-captioned cases be reassigned to the undersigned pursuant to Local Rule of Civil Procedure 42.1(e)(3).
Plaintiff Dale Maisano, who is confined in the Arizona State Prison Complex-Lewis in Buckeye, Arizona, has so often and egregiously abused the legal process in the past that on August 11, 1992, Senior United States District Judge Stephen M. McNamee entered an Order and Restraining Order enjoining him from filing any civil action in this or any other federal court without first obtaining leave of the court. See August 11, 1992 Order and Restraining Order in Maisano v. Lewis, CV 92-1026-PHX-SMM (MS).
Pursuant to the Restraining Order, to obtain leave to file, Plaintiff must file an "Application Pursuant to Court Order Seeking Leave to File" accompanied by an affidavit certifying: (1) "that the claim or claims he wishes to present are new and have never been raised and disposed of on the merits by any federal court"; and (2) "that to the best of his knowledge the claim or claims are not frivolous or taken in bad faith." Additionally, any application seeking leave to file must be accompanied by a copy of the August 11, 1992 Order and Restraining Order in Maisano v. Lewis, CV 92-1026-PHX-SMM (MS). In addition, Plaintiff "must attach to future complaints a list of all cases previously filed involving similar or related causes of action." "Failure to comply strictly with the terms of the [Restraining Order] will be sufficient ground to deny leave to file." (Emphasis added.)
Plaintiff lodged a civil rights Complaint (Doc. 1) in each of the above-captioned cases. Plaintiff did not file an Application Pursuant to Court Order Seeking Leave to File, a copy of the August 11, 1992 Order and Restraining Order, or a list of his previously filed cases involving similar or related causes of action. Plaintiff, therefore, has failed to comply strictly with the Court-mandated pre-filing requirements. Thus, these actions will be dismissed without prejudice.
IT IS ORDERED:
(1) The Clerk of Court must reassign these cases to the undersigned pursuant to Local Rule of Civil Procedure 42.1(e)(3).
(2) These cases are dismissed without prejudice. The Clerk of Court must file this Order in each case, enter judgment accordingly, and close these cases.
(3) The Clerk of Court must accept no further documents for filing in these cases, other than those ...