Misu v. United States District Court State of et al
| Tira Misu |
| United States District Court State of, United States Appeals Court State of, Sutphin County Civil Court, Dennis Malen and Associates, United States Police Benevolence Assocation, Bank Of America, Washington Mutual Bank, Pointe Bank, Suntrust Bank, Chase Manhatan Bank, Citibank, Commissioner of Social Security, United States Treasury Department, American Medical Association, Quest Diagnosis, American Dental Association, Floirda Criminal Courts, Lee Cohn, Steve Amster, Denise Huard, Dottie Reilly, Joe Mullen, Judd Laird, Julie Finley, Michael Satz, Kathrine Rundle Fernandez, New York State Public Assistance Program, Charles Campisi and Any/All Monopolous Entities in Entertainment Etc. |
| 1:2009cv00876 |
| February 19, 2009 |
| US District Court for the Eastern District of New York |
| Civil Rights: Other Office |
| Kings |
| Lois Bloom |
| Nicholas G. Garaufis |
| None |
| U.S. Government Defendant |
| 42:1983 Civil Rights Act |
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Filing
9
ORDER: To the extent that Plaintiff's submissions received on March 31 and April 8 are construed as motions, they are denied. Plaintiff's submissions in the past month have convinced the court that a bar order is the only route to staving off the flow of frivolous filings by this litigant. Accordingly, the court orders that: (1) Plaintiff is enjoined from filing any new in forma pauperis action in this court without obtaining leave of court; (2) the Clerk of Court is directed to retu rn to Plaintiff, without filing, any in forma pauperis action which is received from Plaintiff without an application seeking leave to file; (3) if the court grants Plaintiff leave to file a new action, the civil action shall be filed and assigned a civil docket number; (4) if leave to file is denied, Plaintiff's submission shall be filed on the court's miscellaneous docket. 28 U.S.C. § 1651. Nothing herein shall be construed to prohibit Plaintiff from filing an appeal of this Or der; however, the court certifies pursuant to 28 U.S.C. § 1915(a)(3) that in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).Ordered by Nicholas G. Garaufis on 4/15/2009. (c/m to pro se, copy fwd'd to pro se writ clerks) (Lee, Tiffeny)
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Filing
3
ORDER DISMISSING CASE AS FRIVOLOUS AND ORDER TO SHOW CAUSE: Plaintiff's Complaint is dismissed because it is frivolous. 28 U.S.C. § 1915 (e)(2)(B)(i). Moreover, Plaintiff has not taken the Court's warnings regarding filing repetitive and frivolous complaints seriously. This Court will not tolerate Plaintiff's filing of baseless in forma pauperis complaints. Accordingly, Plaintiff is hereby directed to show cause, by written affirmation, within thirty days of the date of this Order, why the Court should not bar the acceptance of any future in forma pauperis complaints for filing without leave of the court. 28 U.S.C. § 1651. See e.g. Iwachiw v. N.Y. State Dep't of Motor Vehicles. 396 F.3d 525, 529 (2d Cir. 2005 ) (noting the unequivocal rule in this circuit... that the district court may not impose a filing injunction on a litigant sua sponte without providing the litigant with notice and an opportunity to be heard.); accord Moates v. Barkley. 147 F.3d 207, 208 (2d Cit. 1998). If Plaintiff fails to show cause within the time allotted, she shall be barred from filing any future in forma pauperis complaints in this Court without prior leave of the Court. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Nicholas G. Garaufis on 3/6/2009. (c/m to pro se) (Lee, Tiffeny)
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