Pierre v. New York State Department of State

District Court, S.D. New York

Pierre v. New York State Department of State

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEAN-GESPERE PIERRE, Plaintiff, -against- 19-CV-11319 (CM) NEW YORK STATE DEPARTMENT OF STATE; SUPREME COURT OF THE STATE BAR ORDER UNDER OF NEW YORK, 2ND DIVISION;

28 U.S.C. § 1651

DEPARTMENT OF LABOR; DEPT. OF UNEMPLOYMENT INS.; DEPARTMENT OF STATE DIVISION OF LICENSING, Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff filed this action pro se. On January 14, 2020, the Court dismissed the action as frivolous, noted that Plaintiff had filed nine cases and appeals that were dismissed on the merits, and ordered Plaintiff to show cause by affirmation within thirty days why he should not be barred from filing further actions in forma pauperis (IFP) in this Court without prior permission. Plaintiff filed an affirmation on January 23, 2020, but his arguments against imposing the bar order are insufficient. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff, noting service on the docket. The Court bars Plaintiff from filing future civil actions IFP in this Court without first obtaining from the Court leave to file. See

28 U.S.C. § 1651

. Plaintiff must attach a copy of his proposed complaint and a copy of this order to any motion seeking leave to file. The motion must be filed with the Pro Se Intake Unit of this Court. If Plaintiff violates this order and files an action without filing a motion for leave to file, the Court will dismiss the action for failure to comply with this order. Plaintiff is further warned that the continued submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See

id.

The Clerk is directed to close this action. 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 in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: February 24, 2020 , New York, New York hie. Ib Wyk Chief United States District Judge

Reference

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