Bitetto v. Stewart
| Dr. Marco Bitetto |
| Daniel J. Stewart |
| 1:2018cv01247 |
| October 22, 2018 |
| U.S. District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 4
JUDGMENT in favor of Daniel J. Stewart against Marco Bitetto. Plaintiff's motion to proceed in forma pauperis granted, and that this case is sua sponte DISMISSED for the reasons stated in the Text Order issued by Chief Judge Glenn T. Suddaby dated 10/24/18. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)
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Filing 3
TEXT ORDER granting Plaintiff's motion to proceed in forma pauperis, but sua sponte dismissing his action for each of two alternative reasons pursuant to 28 U.S.C. 1915(e)(2)(B)(i),(ii) and Fitzgerald v. First E. Seventh St. Tenants Corp., 221 F.3d 362, 363 (2d Cir. 2000). First, by asserting a claim for "Blocking Justice" against U.S. Magistrate Judge Daniel J. Stewart arising from his Report-Recommendation and Order in Action No. 18-CV-0969 without providing any further factual allegations supporting that claim, Plaintiff has failed to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). The Court finds that it would be futile to afford Plaintiff an opportunity to amend this claim before dismissal because, as was explained to him with respect to an identical "Complaint" filed in Action No. 18-CV-0969, his claim is barred by the doctrine of absolute immunity. See Bitetto v. Kahn, 18-CV-0969, Report-Recommendation and Order, at 4-6 (N.D.N.Y. filed Aug. 17, 2018) (Stewart, M.J.). Second, in any event, the Court finds that Plaintiff's claim for "Blocking Justice" is so lacking in an arguable basis in fact or law as to be frivolous, and indeed is asserted with such a disregard for the law, the Court's prior orders, and the congestion he has contributed to on the Court's docket as to be malicious. The Court certifies that an appeal from this Text Order would not be taken in good faith. The Clerk of the Court is directed to enter judgment in favor of the Defendant and close this case. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/24/18. (lmw) (Copy served upon pro se plaintiff via regular and certified mail)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Marco Bitetto. (Attachments: #1 Proposed Summons as to Daniel J. Stewart) Motions referred to Christian F. Hummel. (dpk) |
| Filing 1 COMPLAINT against Daniel J. Stewart filed by Marco Bitetto. (Attachments: #1 Envelope, #2 Civil Cover Sheet) (dpk) |
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| Defendant: Daniel J. Stewart | |
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| Plaintiff: Dr. Marco Bitetto | |
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