BUENAVENTURA et al v. EXECUTIVE OFFICE OF THE PRESIDENT et al

Filing 8

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 4 REPORT AND RECOMMENDED DECISION re 1 Complaint. By JUDGE NANCY TORRESEN. (mnd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
IAN R. BUENAVENTURA,
Plaintiff,
v.
EXECUTIVE OFFICE OF
THE PRESIDENT, et al.,
Defendants.

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) Docket No. 2:24-cv-00089-NT
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ORDER AFFIRMING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On April 1, 2024, the United States Magistrate Judge filed his Recommended
Decision after a preliminary review of the Plaintiff’s Complaint. Recommended
Decision (ECF No. 4). The Plaintiff filed an objection to the Recommended Decision
on May 6, 2024 (ECF No. 7). I have reviewed and considered the Recommended
Decision, together with the entire record; I have made a de novo determination of all
matters adjudicated by the Magistrate Judge’s Recommended Decision; and I concur
with the recommendations of the Magistrate Judge for the reasons set forth in the
Recommended Decision.
It is therefore ORDERED that the Plaintiff’s objection is OVERRULED and
that the Recommended Decision of the Magistrate Judge (ECF No. 4) is hereby
ADOPTED. It is further ORDERED that the Plaintiff’s Complaint (ECF No. 1) is
DISMISSED.

In addition, as the Magistrate Judge noted, the Plaintiff has been warned twice
before of the consequences of filing further frivolous claims. Recommended Decision
3–4. In Jane Doe 3 v. Executive Office of the President, No. 2:23-cv-00358-JDL,Order
Accepting the Recommended Decision of the Magistrate Judge and Cok Warning at 3
(ECF No. 8) and Estate of Mrs. Eva R. Buenaventura v. Executive Office of the
President, No. 2:23-cv-00325-JDL, Order Accepting the Recommended Decision of the
Magistrate Judge and Cok Warning at 5 (ECF No. 12), Judge Levy issued warnings
pursuant to Cok v. Family Court of Rhode Island, 985 F.2d 32 (1st Cir. 1993).
Specifically, Judge Levy warned that “[a]ny further frivolous filings by
Buenaventura, in this docket or in any pending or new case, may result in an
immediate order restricting his ability to file documents with the Court.” Id. With the
present action, the Plaintiff has once again filed frivolous claims in this Court.
Accordingly, I agree with the Magistrate Judge that filing restrictions are now
appropriate. Recommended Decision 4. Mr. Buenaventura is hereby ENJOINED
from filing new cases in the District of Maine without obtaining the Court’s prior
permission by showing that his proposed pleading is sufficiently plain and definite to
satisfy Federal Rule of Civil Procedure 8 and to warrant a response. See Cok v. Fam.
Ct. of R. I., 985 F.2d 32, 36 (1st Cir. 1993).
SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 3rd day of June, 2024.

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