Heriveaux v. Pentagon

Filing 7

MEMORANDUM AND ORDER, In line with the foregoing, Heriveaux's 2 Motion for Leave to File a new complaint as proposed is denied. Her 3 Motion for Leave to Proceed in forma pauperis is denied as moot. The Court's 1/15/16 order, prohibit ing Heriveaux from filing any further actions in this district unless she (1) provides pre-payment of the filing fee in accordance with 28 USC sec. 1914, or (2) first obtains judicial permission for her proposed filing and otherwise meets the standar ds for IFP status, remains in full force and effect. Nothing in this Order shall be construed to prohibit Heriveaux from filing an appeal. Nevertheless, the Court certifies, pursuant to 28 USC sec. 1915(a)(3), that any such appeal from this Order wo uld not be taken in good faith, and, therefore, IFP status is denied for purpose of an appeal. The Clerk of Court is directed to mail a copy of this Order to pltff and to close this docket for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 5/18/2018) c/m (Galeano, Sonia)

filed

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

*

MAGALY E. HERIVEAUX,

25 2018 A

BROOKLYN OFFICE

Plaintiff,

MEMORANDUM & ORDER

-against18-MC-622(ENV)
(LB)
PENTAGON,
Defendant.
X

VITALIANO,D.J.

After pro se plaintiff Magaly Heriveaux's nonstop series of duplicative, frivolous and
incomprehensible complaints, by its order of January 15, 2016,the Court prohibited her from

filing any further actions in this judicial district unless she either(1)provided pre-payment ofthe

filing fee, in accordance with 28 U.S.C. § 1914, or(2)first obtained judicial permission for her
proposed filing and otherwise met the standards for informa pauperis("IFP")status. See
Heriveaux v. Fed. Bureau ofInvestigation^ No. 15 Civ. 4999(ENV)
(LB)(E.D.N.Y. Jan. 15,

2016)(ECF No. 12 at 4). On February 23,2018, Heriveaux filed the instant motions for leave to
file a new complaint and to proceed IFP, as well as several Affidavits/Affirmations. See Mot.for
Leave to File, ECF No. 2; Mot. to Proceed IFP,ECF No. 3.'
Discussion

As with her thirteen prior complaints,^ the current proposed pleading is objectively
nonsensical and frivolous. See Compl.,ECF No. 1 ("These Haitian-American representatives
'
^

The Clerk of Court properly filed these submissions on the miscellaneous docket.
See Heriveaux v. FEMA,No. 15 Civ. 2326(ENV)
(LB)(E.D.N.Y. May 10,2015)(ECF

No. 5)(dismissing the complaint as fnvolous); Heriveaux v. Sec'y ofDefense, No. 15 Civ. 340
(ENV)
(LB)(E.D.N.Y. May 11, 2015)(ECF No. 10)(same); Heriveaux v. Fed. Gov't, No. 14
Civ. 7105(ENV)
(LB)(E.D.N.Y. May 12, 2015)(ECF No. 11)(same); Heriveaux v. Berrien
County, No. 15 Civ. 4138(ENV)
(LB)(E.D.N.Y. Aug. 3,2015)(ECF No.4)(same); Heriveaux

were also informed that the Criminal Investigation Command can also be contacted to remove
any Militia that's engaging in any wrongdoings; so they could be court-martialed, due to their

maliciousness."). Even if these allegations make sense to Heriveaux, her subjective

understandings cannot save the objectively nonsensical pleadings she proposes from rejection.
As a consequence, the submissions are not to be filed on the active civil docket.
Conclusion

In line with the foregoing, Heriveaux's motion for leave to file a new complaint as

proposed is denied. Her motion to proceed IFF is denied as moot. The Court's January 15,2016
order, prohibiting Heriveaux from filing any further actions in this district unless she(1)

provides pre-payment ofthe filing fee in accordance with 28 U.S.C. § 1914, or(2)first obtains
judicial permission for her proposed filing and otherwise meets the standards for IFF status,
remains in full force and effect.

Nothing in this Order shall be construed to prohibit Heriveaux from filing an appeal.
Nevertheless, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any such appeal from

this Order would not be taken in good faith, and,therefore, IFF status is denied for purpose of an

V. Fed. Bureau ofInvestigation^ No. 15 Civ. 4999(ENV)
(LB)(E.D.N.Y. Oct. 30,2015)(ECF
No. 5)(same); Heriveaux v. Sec'y ofDefense^ No. 16 Civ. 178(ENV)
(LB)(E.D.N.Y. Jan. 15,
2016)(docket order)(same); Heriveaux v. Nat'l Sec. Agency^ No. 16 MC 836(ENV)(E.D.N.Y.
May 5,2016)(ECF No. 4)(s£ime); Heriveaux v. The Pentagon, No. 17 MC 218(ENV)
(E.D.N.Y. Jan. 30, 2017)(ECF No.4)(denying plaintiffs motion for leave to file a complaint
because the proposed complaint was nonsensical and frivolous); Heriveaux v. Fed. Bureau of
Investigation, No. 17 MC 1221(ENV)
(LB)(E.D.N.Y. Apr. 30,2017)(ECF No. 3)(same);
Heriveaux v. Fed. Gov't, No. 17 MC 1766(ENV)
(LB)(E.D.N.Y. July 4,2017)(ECF No.4)

(same); Heriveaux v. Fed. Gov't, No. 17 MC 2322(ENV)
(LB)(E.D.N.Y. Sept. 9,2017)(ECF
No. 9)(same); Heriveaux v. United States Armed Forces, 17 MC 2887(ENV)
(LB)(E.D.N.Y.
Nov. 11, 2017)(same); Heriveaux v. Nat'I Sec. Agency, 18 MC 00548(ENV)
(LB)(E.D.N.Y.
Apr. 22, 2018).

appeal. Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917,920-21,8 L. Ed. 2d 21
(1962).

The Clerk of Court is directed to mail a copy of this Order to plaintiff and to close this
docket for administrative purposes.
So Ordered.

Dated: Brooklyn, New York
May 18,2018
/S/ USDJ ERIC N. VITALIANO
ERICN. VITALIANO

United States District Judge