Opinion
No. CV-03-1966-PHX-RCB (SLV).
May 8, 2006
ORDER
Pending before this Court is Plaintiff's "`Grievance Motion For Equal Ac[c]ess to Justice Act' For Monetary Sanctions Case D-AZX-2-03-CV001966-001 Docket No. 9" (Document #10) (Motion For Sanctions), filed October 27, 2005. In his Motion For Sanctions, Plaintiff "moves for permission to proceed [with] this Motion for Sanctions following new evidence contrary to Court[']s pas[t] decision stating that petitioner had file[d] a frivolous motion in § 1983 and charged the full total of one hundred and fifty dollars." (Motion For Sanctions at 1).
By Order filed December 4, 2003 (Document #5), the Complaint and this action were dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Judgment was entered on December 4, 2003 (Document #7) as well.
On June 6, 2005, Plaintiff filed a "Motion to Withdraw Remove and Delete" (Document #8) (Motion), which the Court denied as moot by Order filed July 7, 2005 (Document #9). The Court's July 7, 2005 Order also ordered Plaintiff not to file any further documents in this closed case. Three (3) months later, Plaintiff defied the Court's Order and filed the instant Motion For Sanctions. Accordingly, the Court will direct the Clerk of the Court to strike Plaintiff's Motion For Sanctions from the record of this case.
The Court notes that Plaintiff appears to be under the impression that someone other than himself has filed an appeal in this case. This is incorrect. The docket in this case does not indicate that any notice of appeal was ever filed in this case.
IT IS THEREFORE ORDERED:
(1) That the Clerk of the Court is DIRECTED TO STRIKE Plaintiff's "`Grievance Motion For Equal Ac[c]ess to Justice Act' For Monetary Sanctions Case D-AZX-2-03-CV001966-001 Docket No. 9" (Document #10) from the record of this case;
(2) That Plaintiff SHALL NOT FILE any further documents in this closed case.