Gialto v. Bush
Gialto v. Bush
Opinion of the Court
SUMMARY ORDER
Plaintiff-Appellant appeals pro se from an order entered in the United States District Court for the Northern District of New York (DiBianco, M.J.), on April 20, 2007, 2007 WL 1200138, which dismissed Plaintiffs action sua sponte with prejudice and without leave to amend pursuant to 28 U.S.C: § 1915(e)(2)(B). We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.
This pro se complaint, filed April 2006, alleged that President George W. Bush, along with several former presidents, misappropriated funds belonging to him through various conspiracies relating to the Iran-Contra hearings, the Justice Department’s Enron Task Force, and a major league baseball franchise. The district court (Scullin, J.) issued an order noting that the complaint was subject to dismissal for lack of federal court jurisdiction, but granted thirty days to amend. An amended complaint, filed June 2006, repeated the same allegations almost verbatim. By order entered September 20, 2006, the district court dismissed the amended complaint for lack of jurisdiction.
Plaintiff did not appeal the dismissal, but rather filed a new action on October 30, 2006. He again appeared pro se, but not in forma pauperis. The new complaint alleged substantially the same claims, even repeating entire sections from the original complaint under the caption “Original Complaint.”
On written consent of the parties, the case was referred to Magistrate Judge Gustave J. DiBianco. See 28 U.S.C. § 636(c). After the government moved for a more definite statement, Magistrate Judge DiBianco dismissed the action sua sponte, with prejudice and without leave to appeal pursuant to 28 U.S.C. § 1915(e)(2)(B) and N.D.N.Y. Local Rule 5.4(a), on the grounds that the action was frivolous.
Plaintiff now appeals this second dismissal. We review a dismissal pursuant to 28 U.S.C. § 1915 de novo. McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004).
Based on our independent review of the record and Plaintiffs pleadings, we see no
For the reasons set forth above, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- Terry Lee GIALTO v. George W. BUSH
- Status
- Published