Opinion
Case No. 05 CV 3128 (FB).
March 31, 2006
Appearance: For the Plaintiff: ALFONSO SPRINGER, Pro Se Inmate #A12773750 Buffalo Federal Detention Facility Batavia, New York.
MEMORANDUM ORDER
By Memorandum and Order dated February 15, 2006, the Court denied plaintiff's motion for reconsideration of the Court's order dismissing this action and also directed plaintiff to show cause by written affirmation, within thirty (30) days, why the Court should not bar the acceptance of any future in forma pauperis complaints plaintiff may submit for filing without first obtaining leave of the Court. More than 30 days have elapsed and plaintiff has not responded to the Court's order.
Because plaintiff has abused the resources of the Court by repeatedly filing frivolous complaints and motions, he is hereby enjoined from filing any future motion regarding an existing in forma pauperis complaint or any future in forma pauperis complaint in the Eastern District of New York without first obtaining leave of the Court. See 28 U.S.C. § 1651; In re Sassower, 20 F.3d 42, 44 (2d Cir. 1994).
To obtain such leave, plaintiff must advise the Court of the existence of this injunction by enclosing a copy of this Memorandum and Order along with an affirmation setting out the merits of his motion or claim(s) and disclosing any previous litigation in which he has been a party that involves either similar issues or parties. Plaintiff must also attach the proposed motion or complaint and for any proposed complaints, an in forma pauperis application and a Prisoner Authorization form.
The filing injunction is effective immediately and the Clerk of Court is directed to return any future motion regarding an existing in forma pauperis complaint or in forma pauperis complaint to plaintiff if the above requirements are not met. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Memorandum and Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.