Biton v. Turco

District Court, S.D. New York

Biton v. Turco

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARCELLE CRYSTAL BITON AKA SAPHYRE REDFORD, Plaintiff, 19-CV-11960 (CM) -against- ORDER OF DISMISSAL UNDER

28 U.S.C. § 1651

JOE TURCO, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff, identifying herself as Marcelle Crystal Biton, files this complaint. She has previously filed frivolous actions under multiple names, including Danielle Biton, Crystal Biton, Charlene Michelle Biton, and Saphyre Redford. On December 22, 2011, Plaintiff was barred from filing any new action in forma pauperis (“IFP”) without first obtaining from the Court leave to file. See Biton v. Clinton, ECF 1:11-CV-6160, 6 (S.D.N.Y. Dec. 22, 2011). Plaintiff files this new pro se case, seeks IFP status, but has not sought leave from the Court. The Court therefore dismisses this action without prejudice for Plaintiff’s failure to comply with the December 22, 2011 order. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Court certifies, pursuant to

28 U.S.C. § 1915

(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: January 6, 2020 , New York, New York huh. Wyk Chief United States District Judge

Reference

Status
Unknown