UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Derrick Cardello-Smith,

Plaintiff, Case No. 25-11958 Hon. Jonathan J.C. Grey v.

Sean Combs, et al.,

Defendants. ______________________________/

OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO WAIVE FEES AND COSTS (ECF No. 2) AND DISMISSING THE CASE WITHOUT PREJUDICE

On June 30, 2025, pro se Plaintiff Derrick Cardello-Smith filed a complaint alleging malicious prosecution and breach of contract as well as a motion to waive fees and costs based on imminent danger. (ECF Nos. 1, 2.) On June 27, 2025, Cardello-Smith filed identical pleadings in the Western District of Michigan. The identical case was transferred from the Western District of Michigan to the Eastern District pursuant to

(a) and assigned to Judge Judith Levy. On August 6, 2025, Judge Levy issued an order denying the motion to waive fees and dismissing the case without prejudice. See Opinion and Order Denying the Application for Leave to Proceed in Forma Pauperis and Dismissing

the Case Without Prejudice, Cardello-Smith v. Combs, et al., No. 5:25-cv- 12137-JEL-APP, ECF No. 6 (Aug. 6, 2025). For the reasons set forth in Judge Levy’s order, the Court DENIES

Cardello-Smith’s motion and DISMISSES the case without prejudice.1 SO ORDERED.

s/Jonathan J.C. Grey JONATHAN J.C. GREY DATE: December 18, 2025 United States District Judge

1 On June 30, 2025, the Court enjoined Cardello-Smith from filing any documents with the Court, including the filing of new complaints, without first receiving written permission from the Chief Judge or the Miscellaneous Duty Judge. See Cardello- Smith v. Combs, No. 24-cv-12647,

, at *11–12 (E.D. Mich June 30, 2025). It appears, however, that Cardello-Smith commenced the present action before the enjoined-filer order was entered. Certificate of Service

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First-Class U.S. mail addresses disclosed on the Notice of Electronic Filing on December 18, 2025.

s/ S. Osorio Sandra Osorio Case Manager