Zinnamon et al v. Global Investor Trust et al
||Dwight Davidson, Jr. and Barbara J. Zinnamon
||Global Investor Trust and Nelson Seten
||January 17, 2012
||US District Court for the Eastern District of New York
||Allyne R. Ross
|Nature of Suit:
|Cause of Action:
||28:1331 Fed. Question
|Jury Demanded By:
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|April 17, 2012
MEMORANDUM AND ORDER: Accordingly, it is ORDERED that (1) Barbara J. Zinnamon (also known as Barbara Zinnamon) and Dwight Davidson Jr., are enjoined from filing any new in forma pauperis action in this Court without first obtaining l eave of Court; and (2) the Clerk of Court is directed to return to Ms. Zinnamon and / or Mr. Davidson, Jr., without filing, any new in forma pauperis action which is received without a separate application seeking leave to file; and (3) if the Court grants Ms. Zinnamon and / or Mr. Davidson, Jr. leave to file a new action, the civil action shall be filed and assigned a civil docket number; and (4) if leave to file is denied, Ms. Zinnamon and / or Mr. Davidson's submission shal l be filed on the Court's miscellaneous docket and a summary order denying leave to file shall be entered; no further action will be taken. Plaintiffs are warned that the continued submission of further frivolous documents may result in the imposition of additional sanctions, including monetary penalties. Nothing herein shall be construed to prohibit plaintiffs from filing an appeal of this Memorandum and Order; however, the Court certifies pursuant to pursuant to 28 U.S.C. § 191 5(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Senior Judge Allyne R. Ross, on 4/6/2012. C/mailed by Chambers to pro se Plaintiffs. (Latka-Mucha, Wieslawa)
|February 1, 2012
MEMORANDUM AND ORDER: The Court grants plaintiffs' requests to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) solely for the purpose of this order. (See Dkt. Nos. 2 , 3 .) The complaint is dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B). Plaintiffs Zinnamon and Davidson shall file an affidavit in response to the order to show cause as set forth above within 30 days from the entry of this Order. The affidavit mus t be made under penalty of perjury and signed by both plaintiffs before a notary public. If plaintiffs fail to file an affidavit within the time allowed or the affidavit fails to set forth a good faith basis for not imposing the filing injunction, an order enjoining plaintiffs Barbara J. Zinnamon (also known as Barbara Zinnamon) and Dwight Davidson, Jr. from filing any new in forma pauperis action without first obtaining leave of the Court shall be entered. Entry of judgment shall b e stayed for 30 days or until plaintiffs have filed an affidavit, whichever is earlier. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED by Senior Judge Allyne R. Ross, on 2/1/2012. C/mailed by Chambers. (Latka-Mucha, Wieslawa)
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