Opinion
Misc. Case No. 1:14-mc-29
06-09-2014
ANDRE SMILEY, Plaintiff, v. CHANNEL 12, et al., ORDER Defendants.
Dlott, J.
ORDER
Proposed pro se plaintiff, Andre Smiley, seeks leave of court to file an in forma pauperis lawsuit in this Court. Plaintiff has filed numerous prior lawsuits against an assortment of defendants, all of which have been concluded against him. In Smiley v. View Channel 9, Case No. 1:14-cv-210, a case decided against Smiley on March 14, 2014, Judge Timothy S. Black ordered in pertinent part as follows:
It is further ORDERED that Plaintiff is declared a harassing and vexatious litigator, and is therefore prohibited from filing any additional complaints without first obtaining leave of Court. The Clerk of Court is DIRECTED to reject any additional complaints that Mr. Smiley attempts to file unless he moves for, and is granted, leave to file a new complaint by this Court.Smiley v. View Channel 9, Case No. 1:14-cv-210, 2014 WL 1046011, at *3 (S.D. Ohio March 14, 2014) (Doc. 2).
Consistent with Smiley's prior filings, his proposed complaint is "indecipherable, incoherent and does not contain complete sentences and/or any rational statements." Id. at 2. Because Smiley fails to raise any claims that are cognizable in this federal court, he is not entitled to file this patently frivolous document.
As noted by Judge Black in his Memorandum of Opinion and Decision declaring Smiley a harassing and vexatious litigator, "Plaintiff has inundated this court with complaints containing incoherent and irrational allegations and has been warned that if he continues to submit similar complaints he may be subject to sanctions. Despite such warnings, Plaintiff has continued to file similar complaints, including the instant action, as well as Smiley v. Berry, Case No. 1:14-cv-209 (S.D. Ohio filed 3/10/2014) and Smiley v. Little Kim, et al, Case No. 1:14-cv-229 (S.D. Ohio filed 3/13/2014)." Id.
Additionally, Smiley's proffered pleading contains his social security number. Pursuant to Rule 5.2(a), Fed. R. Civ. P., filing parties shall omit or partially redact personal data identifiers, including an individual's social security number, from all pleadings, documents and exhibits.
The Clerk of Court is hereby DIRECTED to REDACT the privacy information from the document submitted for filing with this Court and to electronically file the redacted version of Smiley's proffered pleading with a miscellaneous case number.
The Clerk is further DIRECTED to retain a copy of Smiley's proffered pleading, but return the original to him, together with a copy of this Order.
IT IS SO ORDERED.
__________
Susan J. Dlott, Chief Judge
United States District Court