Joseph v. McDonald's Restaurant

Joseph v. McDonald's Restaurant

Case Number:	1:2021cv03870
Filed:	September 8, 2021
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act

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Date Filed	Document Text
September 8, 2021	Filing 6 MEMORANDUM AND ORDER: Plaintiff has not responded to the Court's August 10, 2021 Order to Show Cause. Accordingly, for the reasons set forth in the attached Memorandum and Order, Plaintiff is enjoined from filing any further in forma pauperi s ("IFP") actions in the Eastern District of New York without first obtaining permission from the Court to do so. To eliminate the need to write a decision every time Plaintiff makes a frivolous filing (because that would largely defea t the purpose of the injunction), the injunction shall be implemented as follows. First, the Clerk of Court is directed to open a miscellaneous case entitled "In re Anderson Joseph," and to file a copy of this Order under that docket numbe r. The matter is then to be administratively closed. Any further IFP filings by Plaintiff shall be filed only under that miscellaneous docket number. The Court will review each filing to determine whether it is frivolous or fails to state a claim. If it is frivolous or fails to state a claim, no further action will be taken. If it states a claim, the Court will direct the Clerk of Court to open a new civil matter, file those documents on the docket, and the case will then proceed as a new c ase in the ordinary course. Nothing herein shall be construed to prohibit Plaintiff from filing an appeal of this Order. However, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore IFP status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 9/8/2021. (Irving, Louisa)

Date Filed

Document Text

September 8, 2021

Filing 6 MEMORANDUM AND ORDER: Plaintiff has not responded to the Court's August 10, 2021 Order to Show Cause. Accordingly, for the reasons set forth in the attached Memorandum and Order, Plaintiff is enjoined from filing any further in forma pauperi s ("IFP") actions in the Eastern District of New York without first obtaining permission from the Court to do so. To eliminate the need to write a decision every time Plaintiff makes a frivolous filing (because that would largely defea t the purpose of the injunction), the injunction shall be implemented as follows. First, the Clerk of Court is directed to open a miscellaneous case entitled "In re Anderson Joseph," and to file a copy of this Order under that docket numbe r. The matter is then to be administratively closed. Any further IFP filings by Plaintiff shall be filed only under that miscellaneous docket number. The Court will review each filing to determine whether it is frivolous or fails to state a claim. If it is frivolous or fails to state a claim, no further action will be taken. If it states a claim, the Court will direct the Clerk of Court to open a new civil matter, file those documents on the docket, and the case will then proceed as a new c ase in the ordinary course. Nothing herein shall be construed to prohibit Plaintiff from filing an appeal of this Order. However, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore IFP status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 9/8/2021. (Irving, Louisa)

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