AZUBUKO v. ROXBURY COMMUNITY COLLEGE
Filing
19
OPINION AND ORDER denying pltfs's motion for a three-Judge Court. Signed by Judge William H. Walls on 05/31/2011. (nr, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
:
:
:
:
:
:
:
:
:
:
:
CHUKWUMA E. AZUBUKO,
Plaintiff,
v.
ROXBURY COMMUNITY COLLEGE,
Defendant.
OPINION and ORDER
Civ. No. 04-2229 (WHW)
Walls, Senior District Judge
Chukwuma E. Azubuko filed a complaint on May 10, 2004, alleging that defendant
Roxbury Community College discriminated against him in violation of Title VII of the Civil
Rights Act of 1964. (ECF No. 1.) Because his complaint did not state a claim upon which relief
could be granted, this Court dismissed the complaint without prejudice. (ECF No. 2.) Two years
later, and despite the fact that a trial never occurred, Azubuko moved for a new trial. (ECF No.
8.) The Court denied this motion. (ECF No. 9.) Nearly five years after this last ruling, and
approximately seven years after the complaint was filed, Azubuko moved to vacate this Court’s
dismissal and reopen his case. Because Azubuko did not present any valid reasons to vacate any
of the Court’s earlier decisions, that motion was denied. (ECF No. 14.) Azubuko then filed a
motion for reconsideration, which was also denied. (ECF No. 17.)
Undeterred, on April 26, 2011, Azubuko filed a motion for a three-judge court. “A
district court of three judges shall be convened when otherwise required by Act of Congress, or
1
NOT FOR PUBLICATION
when an action is filed challenging the constitutionality of the apportionment of congressional
districts or the apportionment of any statewide legislative body.” 28 U.S.C. § 2284. Azubuko
does not challenge the apportionment of any districts and does not specify which, if any, Acts of
Congress he believes entitles him to a three-judge court.
Because Azubuko has not
demonstrated that any Act of Congress requires convening a three-judge court in cases such as
this, his motion for a three-judge court is denied. See Hamilton v. Mengel, 629 F. Supp. 1110,
1112 (D. Utah 1986).
It is, on this 31st day of May,
ORDERED that plaintiff’s Motion for a Three-Judge Court is DENIED.
s/ William H. Walls
United States Senior District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?