Thornock v. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints

CourtDistrict Court, E.D. Virginia
DecidedJuly 9, 2025
Docket3:25-cv-00056
StatusUnknown

This text of Thornock v. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints (Thornock v. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornock v. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, (E.D. Va. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

RILEY THORNOCK, ) Plaintiff, ) ) v. ) Civil Action No. 3:25cv56(RCY) ) CORPORATION OF THE PRESIDING ) BISHOP OF THE CHURCH OF JESUS ) CHRIST OF LATTER-DAY SAINTS, ) Defendant. ) _____________________________________) MEMORANDUM OPINION This matter is before the Court on pro se Plaintiff Riley Thornock’s Application to Proceed in District Court Without Prepaying Fees or Costs (“IFP Application”),1 his initially filed proposed Complaint, and various motions that include two Motions to Appoint Counsel and a Motion to Accept Amended Complaint (“Motion to Amend”). For the reasons set forth below, the Court will grant Plaintiff leave to proceed IFP, grant Plaintiff’s Motion to Amend but dismiss the Amended Complaint for non-compliance with Federal Rule of Civil Procedure 8, deny Plaintiff’s Motions to Appoint Counsel, deny Plaintiff’s other pending miscellaneous motions, and order that Plaintiff show cause why the action should not be dismissed in its entirety. I. PROCEDURAL HISTORY On January 27, 2025, Riley Thornock (“Plaintiff”), appearing pro se, submitted his IFP Application, along with a 285-page proposed Complaintand fifteenmiscellaneous “motions”that the Court received but did not docket, pending review of Plaintiff’s IFP Application and Complaint.2 IFP Appl., ECF No. 1; Prop’d Compl., ECF No. 1-2. The next day, Plaintiff

1 When a party proceeds in district court without prepaying fees or costs, it is said that the party is proceeding in forma pauperis. As such, the Court will refer to Plaintiff’s fee waiver application as an “IFP Application.” 2 The bulk of these are not, in fact, motions seeking judicial relief predicated on any rule of law or procedure, submitted an additional Motion for Full Pacer Access, ECF No. 1-9, and a proposed summons for Defendant Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (“Defendant”). On February 6, 2025, and March 3, 2025, Plaintiff filed Motions to Expedite Ruling on [IFP] Status, ECF Nos. 2, 3, and on March 7, 2025, he filed a Notice of [IFP] Status Granted in Related Case and Request for Consistent Application in this Court, ECF No. 4 (citing

Order, Thornock v. JES Foundation Repair LLC et al., 3:25-CV-161-JAG (E.D. Va. Mar. 6, 2025), ECF No. 2 (granting IFP status but ordering the filing of an amended complaint to cure noted deficiencies)). That same day, Plaintiff filed a “Motion Calling Attention to [Defendant’s] Legal Team’s Mishandling of This Case [. . .],” ECF No. 5, as well as a “Notice of Recent Development Regarding Church Assistance, ECF No. 6,” and an “Addendum to Plaintiff’s Notice,” ECF No. 7. On April 14, 2025, Plaintiff filed a Motion to Appoint Counsel, ECF No. 8, and a Motion to Stay Proceedings, ECF No. 9, in the latter of which he asked that the Court “issue a temporary 120-day stay of proceedings, through August 12, 2025,” id. He also filed a Motion to File Supporting Materials [relating to ECF Nos. 8, 9] Under Seal. ECF No. 10. On June 16, 2025,

notwithstanding his earlier-filed Motion to Stay Proceedings, Plaintiff filed a Second Motion to Appoint Counsel, ECF No. 11, and a Motion to Accept Amended Complaint and to Expedite Ruling on [IFP] Petition, ECF No. 12; Prop’d Am. Compl. ECF No. 13. On June 30, 2025, again notwithstanding his earlier-filed Motion to Stay Proceedings, Plaintiff filed a Petition for Writ of Mandamus with the Fourth Circuit Court of Appeals, complaining, inter alia, that the undersigned

e.g., Plaintiff’s so-called “Motion to Request the Adoption of ‘A Proclamation on Love, Compassion, and Charity,” Prop’d Mot. 10, and a “Motion to Urge the Church of Jesus Christ of Latter-Day Saints to Consider a Revised Interpretation of Tithing Principles for Legal and Practical Benefit,” Prop’d Mot. 12. Others are duplicative of the relief formally sought in Plaintiff’s IFP Application, e.g., the Motion for Fee Waiver Based on Financial Hardship and Systemic Inequities, ECF No. 1-1, or in the Complaint, e.g., the Motion for Temporary Relief to Request Collaboration from Defendant in Covering Rent, Prop’d Mot. 6. had yet to rule on his pending IFP Application and accumulating motions. See In re Riley Thornock, No. 25-1740 (4th Cir. June 30, 2025). II. IFP QUALIFICATION Based on the financial information contained in Plaintiff’s IFP Application, particularly the gross monthly pay collectively earned by Plaintiff and his wife, the Court was inclined to deny

Plaintiff’s IFP Application. See IFP Appl. at 2; accord Order Denying Leave to Proceed IFP, Thornock v. Bedford Cnty., 3:25-CV-57-DJN (E.D. Va. Jan. 30, 2025), ECF No. 2, appeal docketed, No. 25-1180 (4th Cir. Feb. 26, 2025).3,4 However, Plaintiff thereafter filed a separate suit, also in the Richmond Division of the Eastern District of Virginia, in which he represented that his wife no longer received any income. E.g., Thornock v. JES Foundation Repair LLC et al., 3:25-CV-161-JAG (E.D. Va. Mar. 3, 2025). The Court accordingly deferred action on Plaintiff’s pending IFP Application, to see if Plaintiff would file to amend his application and the financial information contained therein, but he did not do so; instead, he filed the Notice of IFP Status Granted in Related Case described supra, ECF No. 4. He has, however, filed additional

lawsuits, all accompanied by IFP Applications attesting that he has no current income and otherwise omitting information regarding his wife’s current income. E.g., Thornock v. City of

3 The Court may take judicial notice of other actions brought by a plaintiff, as those are matters of public record, Philips v. Pitt Cnty. Mem’l Hosp., 572 F.3d 176, 180 (4th Cir. 2009), as well as the undisputed facts and representations made to the Court in those other judicial proceedings, Brooks v. Arthur, 626 F.3d 194, 200 (4th Cir. 2010) (internal quotations omitted) (citing Andrews v. Daw, 201 F.3d 521, 524 n.1 (4th Cir. 2000)). 4 The Court notes that Plaintiff did originally ask that the Court assign the present case to the “same judge as [the] related case,” Thornock v. Bedford County, to “ensure consistency in rulings.” See Prop’d Mot. 2 (received only). To that effect, the Court could reasonably deny Plaintiff’s IFP Application, just as Judge Novak did in the Bedford County case, and let that be the end of its engagement with the remainder of Plaintiff’s filings. Given that Plaintiff later asked for like treatment with that of his IFP Application in the case Thornock v. JES Foundation Repair LLC et al., however, see Notice, ECF No. 4, the Court finds that the developments with respect to Plaintiff’s (and his wife’s) financial situation warrant separate handling from that in the Bedford County case, and further that the judicial economy would not be served by reassignment to either Judge Novak or Judge Gibney (who handled the JES Foundation Repair case), due to the deficiencies in the proposed Complaint/Amended Complaint, as discussed infra. Salem, 3:25-CV-413-RCY (E.D. Va. June 2, 2025); Thornock v. James, 3:25-CV-453-DJN (E.D. Va. June 12, 2025). Despite Plaintiff’s failure to file an updated IFP Application with the Court in this action, the Court takes judicial notice of the financial status represented in the IFP Applications filed in Plaintiff’s other pending suits. On that basis, the Court finds that Plaintiff qualifies for in forma

pauperis status. Accordingly, Plaintiff’s IFP Application, ECF No.

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Thornock v. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornock-v-corporation-of-the-presiding-bishop-of-the-church-of-jesus-vaed-2025.