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Roy v. USA Congress

United States District Court, N.D. New York

March 31, 2015

KAMAL KARNA ROY et al., Plaintiffs,
v.
USA CONGRESS et al., Defendants.

DECISION AND ORDER

GLENN T. SUDDABY, District Judge.

On March 16, 2015, plaintiff pro se Kamal Karna Roy filed an unidentifiable and largely illegible, several-inches-thick, stack of soiled paper, which was loosely bound by tattered twine.[1] (Dkt. No. 1.) Roy's intentions in filing the stack are not clear; the court cannot even decipher who or what are named as parties.[2] Roy was previously barred from filing pro se actions in this District by order of United States District Judge Glenn T. Suddaby without prior leave of the court.[3] (Dkt. Nos. 7, 9, 8:09-cv-688.) The order enjoining future pro se suits was entered after Roy was provided with notice and an opportunity to be heard. (Dkt. No. 7 at 9-10, 8:09-cv-688.) Consistent with Judge Suddaby's Bar Order, which is adopted by the Chief Judge, Roy's most recent filing, which the court liberally construes as an application to commence a new civil action, is denied and the Clerk is directed to close this case forthwith.

Consistent with current protocol, Roy is permanently enjoined from filing any document or pleading of any kind pro se in the Northern District of New York without leave of the Chief Judge and subject to the requirements outlined below.

NOTICE TO PRO SE LITIGANT: FAILURE TO STRICTLY COMPLY WITH THE REQUIREMENTS OUTLINED BELOW MAY SUBJECT YOU TO FURTHER SANCTIONS, INCLUDING THE DISMISSAL OF YOUR COMPLAINT/PETITION OR REJECTION OF YOUR SUBMISSION.

WHEREFORE, for the foregoing reasons, it is hereby

ORDERED that the filing (Dkt. No. 1) is STRICKEN inasmuch as it was filed on behalf of anyone other than Roy; and it is further

ORDERED that the Roy's application for leave to commence a new civil action (Dkt. No. 1) is DENIED; and it is further

ORDERED that pursuant to 28 U.S.C. ยง 1651(a), Roy is permanently enjoined from filing any document or pleading of any kind with this court pro se, except as outlined below; and it is further

ORDERED that the Clerk of the United States District Court for the Northern District of New York shall maintain a miscellaneous file with the general title "In the Matter of Kamal Karna Roy, " and a copy of this Decision and Order shall be filed in that miscellaneous file. Unless otherwise ordered by the Chief Judge or his designee, this file shall serve as the repository of all orders relating to Roy in this District, documents submitted under the procedures set forth herein, any order entered pursuant thereto, and any document or pleading of any kind, whether rejected or not, submitted pro se by Roy. The Clerk of the Court shall also maintain a docket sheet associated with this file and shall list all documents filed therein; and it is further

ORDERED that before initiating any pro se action in this District or filing a document of any kind with the court, Roy must first obtain permission from the Chief Judge or his designee. To do so, Roy must submit to the court three documents in the form described below: (1) a petition requesting leave to file; (2) an affidavit; and (3) a copy of the document or pleading sought to be filed. The filing shall be entitled "Application Pursuant to Court Order Seeking Leave to File, " and shall contain the assigned miscellaneous file number in the caption; and it is further

ORDERED that a petition requesting leave to file must contain the following information:

(1) a statement advising the court whether any defendant to the lawsuit was a party, litigant, judge, attorney, court officer, public official or participant to, or was in any way involved in, any prior lawsuit or bankruptcy proceeding involving Roy, and if so, in what capacity;
(2) a list of all lawsuits in the United States District Court for the Northern District of New York, Court of Appeals for the Second Circuit, and state courts in which Roy was or is a party; the name, case number and citation, if applicable, of each case; a statement indicating the nature of Roy's involvement in each lawsuit and its current status or disposition;
(3) a list of all federal or state cases in which a judgment was rendered against Roy, if any; the name, case number and citation, if applicable; the amount of the judgment rendered against him; the amount, if any, of the ...

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