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07-1546 - Maisano v. Allred et al


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07-1546 - Maisano v. Allred et al
August 15, 2007
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ORDER that the Complaint 1 and this action are dismissed without prejudice for Plaintiffs failure to comply with the pre-filing requirements set out in the Courts Order and Restraining Order of August 11, 1992, in Maisano v. Lewis, CV 92-1026-PHX-SMM (MS). The Clerk of Court shall enter judgment and close this file accordingly. Signed by Judge Stephen M McNamee on 8/15/07. (LSP)
February 25, 2008
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ORDER Plaintiff's "Notice of Appeal (Or) Leave To File" 6 is denied in part in so far as Plaintiff's request for leave to file this action is treated by the Court as a motion under Rule 59(e) of the FedRCivP to alter or amend judgment, and granted in part in so far as Plaintiff asks to appeal the Court's Order 4 and judgment 5 in this case. IT IS FURTHER ORDERED the Clerk must treat Plaintiff's "Notice of Appeal (Or) Leave To File" 6 as a Notice of Appeal. IT IS FURTHER ORDERED the Court sua sponte certifies pursuant to 29 U.S.C. ยง 1915(a)(3) that the appeal is not taken in good faith. Plaintiff is denied in forma pauperis status on appeal. Signed by Judge Stephen M McNamee on 2/25/08.(LSP)