Zinnamon et al v. Global Investor Trust et al

Filing 10

MEMORANDUM AND ORDER: Accordingly, it is ORDERED that (1) Barbara J. Zinnamon (also known as Barbara Zinnamon) and Dwight Davidson Jr., are enjoined from filing any new in forma pauperis action in this Court without first obtaining l eave of Court; and (2) the Clerk of Court is directed to return to Ms. Zinnamon and / or Mr. Davidson, Jr., without filing, any new in forma pauperis action which is received without a separate application seeking leave to file; and (3) if the Court grants Ms. Zinnamon and / or Mr. Davidson, Jr. leave to file a new action, the civil action shall be filed and assigned a civil docket number; and (4) if leave to file is denied, Ms. Zinnamon and / or Mr. Davidson's submission shal l be filed on the Court's miscellaneous docket and a summary order denying leave to file shall be entered; no further action will be taken. Plaintiffs are warned that the continued submission of further frivolous documents may result in the imposition of additional sanctions, including monetary penalties. Nothing herein shall be construed to prohibit plaintiffs from filing an appeal of this Memorandum and Order; however, the Court certifies pursuant to pursuant to 28 U.S.C. § 191 5(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Senior Judge Allyne R. Ross, on 4/6/2012. C/mailed by Chambers to pro se Plaintiffs. (Latka-Mucha, Wieslawa)

~lkDDIF
* APR 1 7 2012 *

u •.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

-----------------------------------------------------------x
BARBARA 1. ZINNAMON and
DWIGHT DAVIDSON, JR.,
Plaintiff,

BROOKLYN OFFICE
NOT FOR ELECTRONIC
OR PRINT PUBLICAnON

MEMORANDUM
AND ORDER

-against12-CV-0276 (ARR)
GLOBAL INVESTORS TRUST,
NELSON SETEN,
Defendants.

----------------------------------------------------------x
ROSS, United States District Judge:
On January 17,2012, plaintiffs Barbara J. Zinnamon and Dwight Davidson, Jr., appearing

pro se, filed this action against defendants. By Memorandum and Order dated February 1,2012,
the court dismissed this action for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B).
The court further directed plaintiffs to show cause, within 30 days, why they should not be
barred from filing any new in forma pauperis action given plaintiffs' litigation history,

~

Order

dated February 1, 2012, slip op. at 4-5 (setting forth plaintiffs' litigation history), without first
obtaining leave of court. Moates v. Barkley, 147 F.3d 207,208 (2d Cir. 1998) (per curiam); MLE
Realty Assocs. v. Handler, 192 F.3d 259,261 (2d Cir. 1999); see also Hong Mai Sa v. Doe, 406 F.3d
155, 158 (2d Cir. 2005); Iwachiw v. New York State Dep't of Motor Vehicles, 396 F.3d 525,529
(2d Cir. 2005); In re Martin-Trigona, 9 F.3d 226, 228 (2d Cir. 1993); 28 U.S.C. § 1651 (a).
More than 30 days have elapsed and plaintiffs have not filed an affidavit or other document
in response to the court's order. Although the affidavit was due by March 5,2012, the court has
allowed additional time for plaintiffs to file. Even with additional time allowed, plaintiffs have
failed to comply with the court's order.

"

Instead, plaintiffs have filed four documents: (1) a credit union statement dated December
17,2002 (ECF #5), (2) a letter to defendants dated October 25,2002 (ECF #6), (3) another credit
union document dated October 25,2002 (ECF #7), and (4) a letter from Citywide Administration
Services, Exam Support Group, dated August 5, 2010. None of these submissions, even when
liberally construed, address why plaintiffs should not be barred from filing any future in forma

pauperis action in this court without first obtaining leave of the court to file. Given plaintiffs'
litigation history and their failure to provide good cause why they should not be barred, the court has
no other recourse but to bar plaintiffs Barbara J. Zinnamon (also known as Barbara Zinnamon) and
Dwight Davidson, Jr. from filing any new in forma pauperis action in this court without first
obtaining the court's permission in order to preserve judicial resources.

Conclusion
Accordingly, it is ORDERED that
(1) Barbara J. Zinnamon (also known as Barbara Zinnamon) and Dwight Davidson Jr., are

enjoined from filing any new in forma pauperis action in this court without first obtaining leave of
court; and
(2) the Clerk of Court is directed to return to Ms. Zinnamon and/or Mr. Davidson, Jr.,
without filing, any new in forma pauperis action which is received without a separate application
seeking leave to file; and
(3) if the court grants Ms. Zinnamon and/or Mr. Davidson, Jr. leave to file a new action, the
civil action shall be filed and assigned a civil docket number; and
(4) ifleave to file is denied, Ms. Zinnamon and/or Mr. Davidson's submission shall be filed
on the court's miscellaneous docket and a summary order denying leave to file shall be entered; no
further action will be taken. 28 U.S.C. § 1651.
2

Plaintiffs are warned that the continued submission offurther frivolous documents may result
in the imposition of additional sanctions, including monetary penalties. 28 U .S.C. § 1651. See, ~.,
Malley v. Corp. Counsel of the City of New York, 9 F.App'x 58, 59 (2d Cir. 2001) (affirming
imposition of $1 ,500 sanction on pro se litigant).
Nothing herein shall be construed to prohibit plaintiffs from filing an appeal of this
Memorandum and Order; however, the court certifies pursuant to pursuant to 28 U.S.C. § 1915(a)(3)
that any appeal from this Order would not be taken in good faith and therefore in forma pauperis
status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438.444-45 (1962).
SO ORDERED.

/S/
~-r~
Allyne R. Ros
United States

~istri:;uge

G

Dated: April
,2012
Brooklyn, New York

3