Opinion
20-CV-6038L
07-22-2020
ANTONIO TONY ARENA, Plaintiff, v. KATHRYN L. SMITH, et al., Defendants.
DECISION AND ORDER
By Order entered July 13, 2020, the United States Court of Appeals for the Second Circuit transferred plaintiff Antonio Arena's motion for leave to proceed in forma pauperis ("IFP") on appeal (Dkt. #8) to this Court for a determination of the IFP status.
I deny the motion for Antonio Arena to proceed IFP on appeal. I denied Arena's application to proceed IFP before the District Court and dismissed the Complaint (Dkt. #3). As the Court noted in that Decision, the IFP application was defective in many respects and the Complaint was basically incomprehensible.
This plaintiff is a frequent litigator and this Court has previously denied an IFP application in 19-CV-6782. Plaintiff failed to pursue that action. In addition, this Court has previously dismissed at least one cause of action (15-CV-6730) as being entirely without merit. In that case, plaintiff never bothered to respond to the defendants' motion to dismiss.
CONCLUSION
Plaintiff's motion to proceed in forma pauperis on appeal (Dkt. #8) is DENIED.
IT IS SO ORDERED.
/s/_________
DAVID G. LARIMER
United States District Judge Dated: Rochester, New York
July 22, 2020