Opinion
Criminal No.: 08-70 (DMC).
November 6, 2008
ORDER
This matter comes before the Court on the November 6, 2008 emergency application of Defendant Gwendolyn Jackson ("Defendant") to vacate or stay the arrest warrant issued against her on October 29, 2008. No oral argument was heard.
Upon review of the instant motion for emergency relief by Defendant, this Court finds that the relief she requests is substantially the same as the relief denied yesterday, November 5, 2008, by the Honorable Dennis M. Cavanaugh, U.S.D.J. Although in the instant matter Defendant couches her request for relief on a slightly different basis, this Court finds that it is unable to grant Defendant the relief she requests. First, the grounds Defendant bases her second request on were available to her at the time of her first application, and she may not now seek a second bite at the apple by simply requesting the same relief, reiterating her statements regarding her medical condition, and notifying the Court of the complaints of judicial and attorney misconduct she has filed. On that basis, therefore, this Court must deny Defendant's application for relief.
Second, it is not readily apparent how Defendant was able to prevail upon the Clerk's Office for the Federal District Court of New Jersey, Camden Vicinage, to forward this matter to this Court. This Court has not been assigned this case and Defendant may not simply forum shop and thereby choose any judge she wishes to hear her application for relief. Defendant's arrest warrant was issued by the Honorable Patricia Shwartz, U.S.M.J., in case No. 07-9061. Her prior request for relief from that warrant was denied by the Honorable Dennis M. Cavanaugh in case No. 08-70. A defendant may not simply continue to change judges and file for the same relief any time she gets an unfavorable result, thereby bypassing the mechanisms this Court utilizes for the equitable assignment of actions, and for this additional reason, Defendant's application is also denied. Good cause having been shown, therefore,
IT IS this 6th day of November, 2008,
ORDERED that Defendant's application is DENIED; and it is further
ORDERED that Defendant may not file any further applications pertaining to the relief sought herein, without seeking and receiving prior leave of Court.