United States of America v. Picayune Wood Treating Site/Snyder Property

Filing 54

ORDER denying 45 Motion for Extension of Time to File; denying 46 Motion to Stay; denying 48 Motion for Reconsideration ; denying 50 Motion ; denying 51 Motion ; denying 52 Motion to Appoint Counsel ; denying 52 Motion ; denying 53 Mo tion for Extension of Time to File Response/Reply. In the event Walter J. Snyder (or another persn on his behalf) presents any document to the Clerk of Court for filing in this case, without prior approval and while it remains closed, the document shall be returned to Walter J. Snyder and not filed. Signed by District Judge Louis Guirola, Jr. on 1/12/09 (wld)

IN THE UNITED STATES DISTRICT COURT F O R THE SOUTHERN DISTRICT OF MISSISSIPPI S O U T H E R N DIVISION U N I T E D STATES OF AMERICA v. P I C A Y U N E WOOD TREATING S I T E /S N Y D E R PROPERTY § § § § § § ORDER BEFORE THE COURT are seven pending motions in this case, all filed by Walter J. S n yd e r , an "Interested Party." The case was initiated on May 28, 2008 as an Ex Parte A p p lic a tio n for Issuance of a Civil Administrative Warrant by the United States on behalf of the U n ite d States Environmental Protection Agency, under authority of Section 104(e) of CERCLA, 4 2 U.S.C. § 9604(e). The Warrant was issued on the same day, and it required the EPA to re m o v e contaminated soil, backfill excavated areas with clean soil, replace a concrete pad and w o o d e n post, and plant grass within three days of issuance. Ct. R. 5 p. 2. The return was filed J u n e 12, 2008, certifying that the work required by the Warrant had been completed. Ct. R. 7. An Order of Dismissal was entered thereafter. Ct. R. 8. Walter J. Snyder then filed a notice of in te rlo c u to ry appeal. Ct. R. 15. Since the case has been on appeal, Snyder has filed 26 motions, seven of which remain p e n d i n g . All of the pending motions relate to Snyder's attempts to have this Court explain its d e c i s io n s , reconsider the dismissal of this case, or appoint counsel. Further, Snyder has re p e a te d ly contacted the Clerk of Court and Chambers personnel to demand action by the Court. This case has been closed and is currently on appeal before the Fifth Circuit. The continued fi li n g of motions and pleadings at the district court level is an unwarranted drain on this Court's s c a r c e judicial resources. Accordingly, the pending motions will be denied. Mr. Snyder will P L A I N T I FF C A U S E NO. 1:08CV218 LG-RHW

DEFENDANT

refrain from the filing of pleadings or motions in the district court while the matter is on appeal u n le s s granted prior authorization by the Court. Motions mailed to the Clerk of Court without p rio r approval will be returned by the Clerk. Nothing in this Order shall be construed to prevent o r prohibit Mr. Snyder from bringing a separate administrative action or civil proceeding against th e EPA or the United States. I T IS THEREFORE ORDERED AND ADJUDGED that the following Motions are D E N IE D : [45] Motion for Extension of Time for More Definite Statement of the Order of 12/16/08; [4 6 ] Motion to Stay Order of 12-16-08; [4 8 ] Motion for Reconsideration; [5 0 ] Motion for Opinion for Orders; [5 1 ] Motion for leave from Order of December 16, 2008 to the U.S. Supreme; [ 5 2 ] Motion to Appoint Counsel and Grant Petitioner a PACER Account; [5 3 ] Motion for Extension of Time to File Response/Reply. I T IS FURTHER ORDERED AND ADJUDGED that in the event Walter J. Snyder (or a n o th e r person on his behalf) presents any document to the Clerk of Court for filing in this case, w i th o u t prior approval and while it remains closed, the document shall be returned to Walter J. S n yd e r and not filed. S O ORDERED AND ADJUDGED this the 12 th day of January, 2009.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR. U N IT E D STATES DISTRICT JUDGE