IN RE: Grandoit

Filing 3

Chief Judge Patti B. Saris: ORDER entered. MEMORANDUM AND ORDER. Pursuant to the December 6, 2011 Memorandum and Order entered in Grandoit v. Staples, C.A. No. No. 10-10299-RGS, Grandoit was enjoined from filing civil actions in this court without first obtaining permission from a judicial officer. In order for Grandoit to obtain approval for filing a civil action in this court, he shall file a written petition seeking leave of court to do so. The petition must be accompanied by a copy of th e December 6, 2011 Memorandum and Order, together with the proposed complaint and papers sought to be filed, and a certification under oath that there is a good-faith basis for their filing. The Clerk of Court shall accept the documents, mark them r eceived, and forward them for action on the petition to a judge of this court authorized to act on matters on the Miscellaneous Business Docket of the Court. Any documents which are submitted for filing by Grandoit in violation of these instructions shall not be filed or docketed by the Clerk's Office, but shall be returned by the Clerk's Office to Grandoit. Grandoits request (#1) for permission to file a new complaint is DENIED WITHOUT PREJUDICE, with leave to refile in accordance with the preceding instructions and warnings. (PSSA, 4) (Main Document 3 replaced on 5/5/2015) (PSSA, 4). (Main Document 3 replaced on 5/5/2015) (PSSA, 4). Modified on 5/5/2015 (PSSA, 4).

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
IN RE: PETITION TO FILE
BY ENJOINED LITIGANT
GERARD D. GRANDOIT

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) M.B.D. No. 15-mc-91126-PBS
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MEMORANDUM AND ORDER
May 4, 2015
SARIS, C.D.J.
For the reasons set forth below, Grandoit’s request (#1) for
permission to file a new complaint is denied without prejudice,
with leave to refile in accordance with the instructions and
warnings outlined below.
I.

Introduction

Plaintiff Gerard D. Grandoit ("Grandoit") has been found by
a judge of this Court to be an abusive litigant.1

As a result,

he has been enjoined from filing civil actions in this Court
without first obtaining permission from a judicial officer.
Now before the Court is a letter from Grandoit seeking
permission to file a civil action.

The letter is accompanied by

(1) an Application to Proceed in District Court Without Prepaying
Fees or Costs; (2) copies of correspondence that Grandoit
received from Discover denying his application for a credit card;
and (3) a copy of Judge Stearns' Memorandum and Order in Grandoit
v. Staples, C.A. No. No. 10-10299-RGS (Dec. 6, 2011).
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See Judge Stearns’ Memorandum and Order in Grandoit v.
Staples, C.A. No. No. 10-10299-RGS (Dec. 6, 2011).

In the letter, Grandoit explains that he received in the
mail an application for a credit card from Discover.

He states

that he applied for the Discover credit card by mail but was not
issued a credit card.

Grandoit contends that his application was

denied for reasons not related to the credit card application.
Grandiot’s letter does state what he believes to be the basis of
the denial.

Grandoit says he has written letters to both the

Department of Justice and to Discover, without adequate response.
II. Discussion
Grandoit requests permission to file a civil complaint but
has not submitted a proposed complaint.

Grandoit’s letter

provides insufficient information for the court to determine
whether Grandoit can allege a claim and whether this court would
have jurisdiction over such claim.

Because of this, his request

will be denied without prejudice.
In order for Grandoit to obtain approval for filing a civil
action in this court, in this matter or any future matter, he
will be required to file a written petition together with the
proposed complaint and papers sought to be filed.

He will also

be required to certify under oath that there is a good-faith
basis for their filing.

In the future, any documents which are

submitted for filing by Grandoit in violation of these
instructions shall not be filed or docketed by the Clerk's
Office, but shall be returned by the Clerk's Office to Grandoit.

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III.

Conclusion

Based on the foregoing, it is hereby Ordered that:
1.

Pursuant to the December 6, 2011 Memorandum and Order
entered in Grandoit v. Staples, C.A. No. No. 10-10299-RGS,
Grandoit was enjoined from filing civil actions in this
court without first obtaining permission from a judicial
officer;

2.

In order for Grandoit to obtain approval for filing a civil
action in this court, he shall file a written petition
seeking leave of court to do so. The petition must be
accompanied by a copy of the December 6, 2011 Memorandum and
Order, together with the proposed complaint and papers
sought to be filed, and a certification under oath that
there is a good-faith basis for their filing. The Clerk of
Court shall accept the documents, mark them received, and
forward them for action on the petition to a judge of this
court authorized to act on matters on the Miscellaneous
Business Docket of the Court. Any documents which are
submitted for filing by Grandoit in violation of these
instructions shall not be filed or docketed by the Clerk's
Office, but shall be returned by the Clerk's Office to
Grandoit; and

3.

Grandoit’s request (#1) for permission to file a new
complaint is denied without prejudice, with leave to refile
in accordance with the preceding instructions and warnings.

SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF, UNITED STATES DISTRICT JUDGE

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