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Molina v. Carroll Street Properties

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 24, 2009

JOSE L. MOLINA, PRO SE, PLAINTIFF,
v.
CARROLL STREET PROPERTIES; MICHAEL O'NEILL; JULIO BENOIT; PATRON BURGER; MANUEL TEJADAL; TRONNE THOMES, DEFENDANTS.

The opinion of the court was delivered by: Dora L. Irizarry United States District Judge

SUMMARY ORDER DENYING LEAVE TO FILE

DORA L. IRIZARRY, United States District Judge

By an order dated June 20, 2008, this Court enjoined plaintiff from filing any new civil action and from seeking in forma pauperis status without first obtaining prior leave of Court. Molina v. FBI Clerk, 08-CV-1757 (RJD). Specifically the Court ordered that:

(1) plaintiff is enjoined from filing any new in forma pauperis action in this Court without obtaining leave of Court; (2) the Clerk of Court is directed to return to plaintiff, without filing, any in forma pauperis action which is received from plaintiff without an application seeking leave to file; (3) if the Court grants plaintiff leave to file a new action, the civil action shall be filed and assigned a civil docket number; (4) if leave to file is denied, plaintiff's submission shall be filed on the Court's miscellaneous docket.

The instant action was filed in the United States District Court for the Southern District of New York. To the extent the Court can ascertain his allegations, plaintiff alleges abuse by individuals, most of whom have been named in previous actions filed in this Court and dismissed for failure to state a claim. A substantial part of the events or omissions alleged in the complaint arose in this district; thus, the action was transferred to this Court on November 10, 2008. Plaintiff may not circumvent this Court's bar order by filing actions related to this district in a different venue.

Plaintiff is DENIED leave to file the instant action. The Court's Order barring him from filing future in forma pauperis complaints remains in effect. The Clerk of Court is directed to return any future in forma pauperis complaints submitted by plaintiff that do not contain a request for leave to file. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

20090324

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