Owens v. Preska

District Court, S.D. New York

Owens v. Preska

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALONZO SPENCER OWENS, Plaintiff, 21-CV-5210 ~against- ORDER OF DISMISSAL LORETTA A. PRESKA, UNDER

28 U.S.C. § 1651

Defendant. J. PAUL OETKEN, District Judge: On November 5, 2007, Plaintiff was barred from filing any new action without first obtaining leave to file from the Court. See Owens v. Seybert, et al., No. 07-CV-9787 (KMW) (S.D.N.Y. Nov. 5, 2007). Plaintiffnow claims that Defendant Loretta A. Preska, a federal judge, violated his constitutional rights by enforcing the bar with respect to a complaint Plaintiff filed on June 5, 2015. Like Plaintiff’s earlier claims, the claims here are frivolous. The Court denies Plaintiff’s request for leave to file. Additionally, 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. It follows that in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). The Clerk of Court is directed to mail a copy of this order to Plaintiff, to note service on the docket, and to close this case. SO ORDERED. Dated: June 21, 2021 New York, New York

United States District Judge

Reference

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