Jensen et al v. Thornell et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Shawn Jensen, et al.,
Plaintiffs,
v.
Ryan Thornell, et al.,
Defendants.
No. CV-12-00601-PHX-ROS
ORDER
The Court has received Motions by non-party class members Kemp Horton and
Michael Todd Lohmann seeking individualized relief. It is improper for a Court to accept
motions from class members unless they are filed by class counsel. In addition, the Court’s
jurisdiction in this case is limited by the terms of the parties’ agreement to settle the case.
Accordingly, the Court is precluded by law from ordering specific relief to individual class
members. In other words, this class action is not the appropriate venue for addressing
individual claims. If persons wish to seek individual relief, they must file separate personal
cases regarding their claims.
The Court finds non-party class member Kemp Horton is engaging in vexatious
litigation practices. Despite having been repeatedly advised this class action is not the
appropriate venue for addressing individual claims and having been advised that continuing
to file motions in this case could result in his being barred from this continued abuse of the
legal process, (Doc. 5281), Mr. Horton has filed three new Motions to Enforce No
Retaliation. (Docs. 5287-89). Because Mr. Horton has not heeded the Court’s warnings
Case 2:12-cv-00601-ROS Document 5299 Filed 07/14/26 Page 1 of 2

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and continues to engage in vexatious practices, the Court will bar Mr. Horton from filing
further motions in this action. If Mr. Horton attempts to file any motions in this action in
the future, the Court will direct the Clerk of Court to reject and refuse such filing. Because
Mr. Horton has demonstrated he will continuously file precluded motions absent
constraints, and that he retains the ability to file separate lawsuits subject to the Prison
Litigation Reform Act, this restriction is necessary and appropriate and is narrowly tailored
to limit further vexatious conduct while ensuring Mr. Horton’s continued access to the
courts through appropriate channels.
Accordingly,
IT IS ORDERED Mr. Horton is enjoined from filing or lodging any motion pro se
in this matter.
IT IS FURTHER ORDERED the Clerk of Court must accept no further pro se
motions for filing from Mr. Horton in this case number.
IT IS FURTHER ORDERED the Clerk of the Court must strike the Motions as
filed at Docs. 5287, 5288, and 5289.
IT IS FURTHER ORDERED The Motion Requesting for Help filed by non-party
Todd Lohmann, (Doc. 5290), is DENIED.
Dated this 14th day of July, 2026.
Honorable Roslyn O. Silver
Senior United States District Judge
Case 2:12-cv-00601-ROS Document 5299 Filed 07/14/26 Page 2 of 2