Chien v. Freer et al

Filing 7

RULING AND ORDER DISMISSING COMPLAINT (see attached). The Clerk is instructed to dismiss the 1 Complaint without prejudice and close the file. Signed by Judge Charles S. Haight, Jr. on February 15, 2018. (Dorais, L.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT

ANDREW CHIEN,
Civil Action No.
3:18 - CV - 253 (CSH)

Plaintiff,
v.
RICHARD J. FREER and PEOPLE'S BANK,

FEBRUARY 15, 2018
Defendants.

RULING AND ORDER DISMISSING COMPLAINT
HAIGHT, Senior District Judge:
Having read the pro se Complaint [Doc. 1] filed in this action on February 9, 2018, the Court
sua sponte dismisses the action because its filing would appear to violate an injunction entered by
Judge Covello in Chien v. Clark, et al., No. 3:16-cv-1881.
I reach that conclusion for the same reasons stated in this Court's comparable Ruling and
Order [Doc. 9] in Chien v. Supreme Judicial Court of Connecticut, No. 3:18-cv-228, familiarity with
which is assumed. Chien's complaint in this case, just like the complaint before me in No. 3:18-cv228, has at its core allegations by Chien of wrongdoing by Richard J. Freer, a Virginia citizen. Those
same allegations were featured in Chien's complaint in No. 3:16-cv-1881, the Clark case before
Judge Covello. And the complaint in No. 16-cv-1881, in turn, restated Chien's allegations against
Freer which lay at the center of an earlier case, Chien v. Freer, No. 3:15-cv-1620, which also came
before Judge Covello.
As my Ruling in No. 3:18-cv-228 recounts, Judge Covello dismissed Chien's complaint in

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No. 15-cv-1620 and denied Chien's motion for leave to amend that complaint. Judge Covello then
dismissed Chien's complaint in No. 3:16-cv-1881, rejecting the pleading as an impermissible attempt
"to end run the court's previous denial of Chien's motion to amend." Judge Covello included in his
Ruling in 3:16-cv-1881 the provision that "the plaintiff, Andrew Chien, is prohibited from filing
further actions in this court without prior leave of the court."
Chien did not seek leave of Court to file either of the two 2018 complaints assigned to the
undersigned. Given an apparent disregard of Judge Covello's injunction, I reach the same conclusion
in No. 253 that I did in No. 228. The Clerk is directed to dismiss the complaint in the captioned case
without prejudice and close the file. If Chien wishes to press this claim, he must apply to Judge
Covello, the author of the injunction, for leave to do so.
It is SO ORDERED.
Dated: New Haven. Connecticut
February 15, 2018

/s/Charles S. Haight, Jr.
CHARLES S. HAIGHT, JR.
Senior United States District Judge

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