Thompson v. Gosar et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Richard Wayne Thompson,
Plaintiff,
v.
Paul Gosar, et al.,
Defendants.
No. CV-25-04170-PHX-JAT
ORDER
On November 7, 2025, Plaintiff Richard Wayne Thompson, who is not in custody,
filed a pro se Complaint (Doc. 1), and an Application to Proceed in District Court Without
Prepaying Fees or Costs (Doc. 2). This case was reassigned to the undersigned on
December 17, 2025. This case will be dismissed for the reasons that follow.
Plaintiff has previously been declared a vexatious litigant and had a Vexatious
Litigant Order entered against him in this District. Thompson v. Penzone, CV 20-01755-
PHX-DJH (MTM), Doc. 7 (D. Ariz. Nov. 19, 2020). Pursuant to that Order, certain
restrictions have been placed on Plaintiff’s ability to file in this Court. Most importantly,
before filing a complaint, Plaintiff must obtain leave of Court. Specifically, Plaintiff must
submit a Motion for Leave to File that conforms to the following provisions:
(1) If Richard Wayne Thompson attempts to file any new action in this Court
after [November 19, 2020], he must include therewith a “Motion for
Leave to File” and attach to it the complaint he wishes to file. In the
“Motion for Leave to File,” Plaintiff must:
(A) in the FIRST SENTENCE, request leave to file the new action;
and,
Case 2:25-cv-04170-JAT Document 9 Filed 12/18/25 Page 1 of 3

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(B) in the SECOND SENTENCE, state the number of individual
claims he wishes to bring. For EACH CLAIM, Plaintiff must
then, in ONE SENTENCE PER CLAIM, describe the harm he
has suffered, or may suffer, and by whom such harm was, or
may be, inflicted. For example, if Plaintiff intends to bring five
claims, he may use one sentence for each of those claims, for a
total of five sentences.
(2) If Plaintiff does not include a “Motion for Leave to File” with any new
action he submits, the Court will not consider the filing, and the action
will be summarily dismissed for failure to comply with this Order.
(3) If the “Motion for Leave to File” does not comply with the above
requirements, the Court will read no further, the “Motion for Leave to
File” will be denied, and the case will be summarily dismissed for failure
to comply with this Order.
(4) If the Court cannot determine from the “Motion for Leave to File” what
harm Plaintiff claims to have suffered and how the defendant(s) allegedly
committed the harm, the Court will read no further, the “Motion for Leave to
File” will be denied, and the case will be dismissed for failure to comply with
this Order.
Thompson v. Penzone, CV 20-01755-PHX-DJH (MTM), Doc. 7 at 5-6 (D. Ariz. Nov. 19,
2020).
Plaintiff has not submitted a Motion for Leave to File but has instead simply written
“Motion for Leave to File” on each page of his Complaint. This fails to comply with the
Vexatious Litigant Order entered against him. Additionally, Plaintiff has previously been
admonished that writing “Motion for Leave to File” on the complaint was inadequate. See,
e.g., Thompson v. Weyer, CV 24-00962-PHX-DJH (MTM), Doc. 5 (D. Ariz. May 22,
2024). Due to this failure to comply with the Vexatious Litigant Order, this action will be
dismissed.
Thus,
IT IS ORDERED that this case is dismissed, without prejudice, and the Clerk of
the Court shall enter judgment accordingly.
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IT IS FURTHER ORDERED that Plaintiff’s Application to Proceed in District
Court Without Prepaying Fees or Costs (Doc. 2) is denied as moot.
Dated this 18th day of December, 2025.
Case 2:25-cv-04170-JAT Document 9 Filed 12/18/25 Page 3 of 3