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July 31, 1984


The opinion of the court was delivered by: GLASSER


GLASSER, United States District Judge:

Pro se plaintiff Justo Richards brings this action pursuant to 42 U.S.C. § 1983 and § 1985(3), alleging that defendants deprived him of various constitutional rights. Defendants Lombardo, Di Mango, Cordero, Giovanniello and Hays have moved to dismiss the complaint. For the reasons set forth below, the complaint is dismissed in its entirety.

 The Complaint

 Plaintiff was convicted in the Supreme Court, Kings County, of second degree murder and criminal possession of a weapon in the second degree arising out of transactions involving a Panamanian lottery ticket. In the unnumbered paragraphs of his complaint, plaintiff alleges the following violations of his rights by defendants which occurred in connection with his conviction.

 Plaintiff asserts that defendant Lombardo, the judge who presided over plaintiff's trial and sentencing, violated his rights by demonstrating bias at his trial.Specifically, plaintiff charges that Lombardo improperly admitted as evidence certain statements, determined that plaintiff had knowledge of the law, and engaged in conversation at the bench with defendant Giscome during a trial recess.

 As to defendant Di Mango, an Assistant District Attorney who participated in plaintiff's prosecution, plaintiff alleges failure to aid plaintiff in obtaining an attorney. Plaintiff also states that Di Mango falsely testified that she did not know that the victim's son was in the police station line-up.

 Plaintiff alleges that defendant Bennett, another assistant prosecutor, improperly informed the Court that plaintiff was an interested witness, schooled witnesses to testify falsely against plaintiff, and used plaintiff's prior convictions against him.It is also charged that Bennett was involved in having an improper indictment issued against plaintiff, and that he also slandered plaintiff.

 As to defendant Hays, a reporter, plaintiff alleges that the newspaper Daily News slandered plaintiff by not setting forth the true facts surrounding plaintiff's trial. Defendant Giscome, a private investigator, is alleged to have arrested a third person involved with the lottery ticket transactions without probable cause, schooled witnesses to testify falsely against plaintiff, altered evidence admitted during plaintiff's trial and slandered plaintiff.

 Defendant Cordero allegedly fraudulently aided and abetted plaintiff's conviction by tampering with evidence, testifying falsely and taking plaintiff's note pad and not returning it.

 Defendants Giovaniello, Kohn and Corbett, all attorneys, are charged with depriving plaintiff of his right to adequate representation at trial. Most of plaintiff's specific allegations in this connection are directed toward defendant Corbett, and complain of Corbett's inattention to plaintiff's case and allege additional improper conduct by Corbett.

 As relief, plaintiff seeks to recover $2,750,000 in damages and the $5,000 allegedly due him as the winner of the Panamanian lottery ticket. In addition, plaintiff concludes the complaint by stating that he "is being held in various State detention institutions" in violation of the Constitution.


 It is fair to state, at the outset, that this is an action in which plaintiff has rather freely availed himself of the federal judicial process. In addition to filing the instant motion, plaintiff subsequently instituted two additional actions before me, with docket numbers 83 Civ. 3869 and 83 Civ. 5166. Both actions name a multiplicity of defendants, including court officials and courts themselves. In all three actions, plaintiff in effect complains of conduct surrounding his state criminal convictions. *fn1" In each of these actions, plaintiff has not hesitated to file motions for judgment on the pleadings or for summary judgment (often without adherence to local motion rules) while earlier-filed motions by defendants were pending and to file demands for interrogatories and like discovery requests. Plaintiff has also responded, using various captions, to nearly every paper filed by any of the defendants; as to this, I have construed ...

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