Isasi v. Attorney General of the United States et al

Filing 4

MEMORANDUM DECISION AND ORDER, To the extent that Isasi is bringing this case on behalf of both himself and Hanes, the Court dismisses, without prejudice, the claims brought on behalf of Hanes. As to Isasi's claims, the Court will not address th em because Isasi has "three strikes" pursuant to 28 USC sec. 1915(g). Section 1915(g) bars prisoners from prisoners from proceeding in forma pauperis after three or more previous actions have been dismissed as frivolous, malicious or for fa ilure to state a claim, unless the prisoner is under "imminent danger of serious physical injury." 28 USC sec. 1915(g). Isasi has had at least three actions dismissed in this district for failure to state a claim upon which relief may be g ranted. See e.g., Isasi v. Heinemann, 08-cv-5284 (BMC); Isasi v. NYS DOC, 05-cv-4079 (ERK); Isasi v. US Governor, 03-cv-2912(ERK). In addition, Isasi fails to allege a single fact indicating that he faces any danger of physical injury, let alone inju ry that is imminent and serious. Therefore, the Court denies Isasi's 2 Motion for Leave to Proceed in forma pauperis, and directs him to pay the $350 filing fee within 14 days. If such payment is not received within 14 days, this action will be dismissed. The Court certifies pursuant to 28 USC sec. 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 the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 12/20/2012) c/m by chambers. (Galeano, Sonia)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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RICHARD ISASI; EDDY HANES,

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MEMORANDUM
Plaintiffs,

-againstATTORNEY GENERAL OF THE UNITED
STATES, STATE OF NEW YORK
GOVERNOR'S; QUEENS COUNTY
DISTRICT ATTORNEY; NEW YORK
STATE DEPARTMENT OF
CORRECTIONAL SERVICES; U.S.
IMMIGRATION AND NATURALIZATION
SERVICE; U.S. MARSHALS SERVICES,

12 Civ. 6181 (BMC)

IN CLERK'S OFFICUS DISTRICT COURT F. 0 N

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DEC~' 2012

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•BROOKL.VN OFFICE

Defendants.
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COGAN, District Judge.
Plaintiffs Richard Isasi and Eddy Hanes, proceeding prose, filed the instant action

pursuant to, inter alia, 42 U.S.C. § 1983, alleging that they have been victims of a "racially
based conspiracy by all this executive authorities" to interfere with their "legal and regular
correspondence" and to prevent plaintiffs from communicating with their "family, friends,
lawyers and any person outside of this wall."
Although the caption on the complaint names both Isasi and Hanes as plaintiffs, it
appears that plaintiff lsasi drafted the complaint, as his signature is the only one that appears at
the end of the complaint. Moreover, only lsasi moved for leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. To the extent that Isasi is bringing this case on behalf of both
himself and Hanes, the Court dismisses, without prejudice, the claims brought on behalf of
Hanes. The law governing appearances in federal court, 28 U.S.C. § 1654, allows two types of
representation: "that by an attorney admitted to the practice of law ... and that by a person

representing himself." Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007) (citing Eagle
Associates v. Bank of Montreal, 926 F.2d 1305, 1308 (2d Cir. 1991)) (internal quotation marks
omitted). The statute does not permit "unlicensed laymen to represent anyone else other than
themselves." Id.
As to lsasi's claims, the Court will not address them because Isasi has ''three strikes"
pursuant to 28 U.S.C. § 1915(g). Section 1915(g) bars prisoners from proceeding in forma

pauperis after three or more previous actions have been dismissed as frivolous, malicious or for
failure to state a claim, unless the prisoner is under "irnrnlnent danger of serious physical injury."
28 U.S. C. § 1915(g). Isasi has had at least three actions dismissed in this district for failure to
state a claim upon which relief may be granted. See !1_&, Isasi v. Heinemann, 08-CV-5284
(BMC); lsasi v. NYS DOCS, 05-CV-4079 (ERK); lsasi v. U.S. Governor, 03-CV-2912 (ERK).
In addition, lsasi fails to allege a single fact indicating that he faces any danger of physical
injury, let alone injury that is imminent and serious. Therefore, the Court denies Isasi's
application to proceed in forma pauperis, and directs him to pay the $350 filing fee within 14
days. If such payment is not received within 14 days, this action will be dismissed.
The Court certifies 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 the purpose
of an appeal. See Coppedge v. United States, 369 U.S. 438, 82 S. Ct. 917 (1962).

SO ORDERED.

Dated: Brooklyn, New York
December 20, 2012

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