Misu v. United States District Court State of et al

Filing 3

ORDER DISMISSING CASE AS FRIVOLOUS AND ORDER TO SHOW CAUSE: Plaintiff's Complaint is dismissed because it is frivolous. 28 U.S.C. § 1915 (e)(2)(B)(i). Moreover, Plaintiff has not taken the Court's warnings regarding filing repetitive and frivolous complaints seriously. This Court will not tolerate Plaintiff's filing of baseless in forma pauperis complaints. Accordingly, Plaintiff is hereby directed to show cause, by written affirmation, within thirty days of the date of this Order, why the Court should not bar the acceptance of any future in forma pauperis complaints for filing without leave of the court. 28 U.S.C. § 1651. See e.g. Iwachiw v. N.Y. State Dep't of Motor Vehicles. 396 F.3d 525, 529 (2d Cir. 2005 ) (noting the unequivocal rule in this circuit... that the district court may not impose a filing injunction on a litigant sua sponte without providing the litigant with notice and an opportunity to be heard.); accord Moates v. Barkley. 147 F.3d 207, 208 (2d Cit. 1998). If Plaintiff fails to show cause within the time allotted, she shall be barred from filing any future in forma pauperis complaints in this Court without prior leave of the Court. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Nicholas G. Garaufis on 3/6/2009. (c/m to pro se) (Lee, Tiffeny)