Lee v. Canisius College et al
| Melvin Leon Lee |
| Canisius College, Joel Kitchen, Dominic J. Barone, Gary Everett, Canisius College Board of Trustees and John Hurley |
| 1:2023cv00267 |
| March 24, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: #1 Index)(KM) |
| E-Filing Notification: #5 NOTICE OF APPEAL. Modified on 5/12/2023 to correct file date. (KM) |
| Filing 5 NOTICE OF APPEAL by Melvin Leon Lee. IFP: DENIED (Attachments: #1 envelopes) (KM) Modified on 5/12/2023 to correct file date. |
| Filing 4 JUDGMENT in favor of Canisius College, Canisius College Board of Trustees, Dominic J. Barone, Gary Everett, Joel Kitchen, John Hurley against Melvin Leon Lee. Signed by Mary C. Loewenguth, Clerk of Court on 4/18/2023. (JLV) This was mailed to: Melvin Leon Lee. |
| Filing 3 TEXT ORDER denying Plaintiff's pending motion to proceed in forma pauperis #2 as moot. The claims in Plaintiff's complaint arise from allegations that Plaintiff's 2006 arrest, prosecution, and conviction for robbery violated his constitutional rights. Plaintiff has previously raised these exact same claims in previous actions. (See, e.g., 1:16-cv-829, 1:18-cv-164, 1:18-cv-546). The Clerk of Court is directed to enter a judgment in favor of the Defendants and close this action. The Court warns Plaintiff that any further attempts by him to relitigate these same claims already dismissed by this Court as frivolous will result in the imposition of sanctions against him, including but not limited to entry of an anti-filing injunction. See Ware v. United States, No. 04-CR-1224 (ER), 2023 WL 2757206, at *5 (S.D.N.Y. Apr. 3, 2023) ("[T]he Second Circuit has held that '[t]he issuance of a filing injunction is appropriate when a plaintiff abuses the process of the Courts to harass and annoy others with meritless, frivolous, vexatious or repetitive proceedings.'" (quoting Lau v. Meddaugh, 229 F.3d 121, 123 (2d Cir. 2000))). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/18/2023.Clerk to Follow up |
| Remark: Clerk mailed a copy of #3 Text Order to Melvin Leon Lee. (BLA) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Melvin Leon Lee. (JLV) |
| Filing 1 COMPLAINT against Dominic J. Barone, Canisius College, Canisius College Board of Trustees, Gary Everett, John Hurley, Joel Kitchen filed by Melvin Leon Lee. (JLV) |
| Plaintiff has been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information, civil case timeline and ADR Notification. (JLV) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) |
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