Belton v. The Barry White Estate/s, Musician et al

Filing 4

ORDER: For the reasons stated in the attached Memorandum and Order, the Court denies 2 Plaintiff's motion for leave to proceed in forma pauperis and denies Plaintiff leave to file the proposed complaint. The Court's order barring P laintiff from filing future in forma pauperis complaints without first seeking the Court's leave remains in effect. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good fa ith and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to enter judgment and close this action. Ordered by Judge Pamela K. Chen on 4/17/2019. (Knapp, Cody)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------x
LOVELL BELTON,
NOT FOR PUBLICATION
Plaintiff,
MEMORANDUM & ORDER
19-MC-986 (PKC) (LB)

- against THE BARRY WHITE ESTATE, and LOVE
UNLIMITED,
Defendants.
-------------------------------------------------------x
PAMELA K. CHEN, United States District Judge:

On August 31, 2007, Plaintiff Lovell Belton (“Plaintiff”) was barred from filing any future
action in this Court without obtaining leave of the Court. Belton v. Horn, No. 07-CV-2731 (RJD);
see also 28 U.S.C. § 1651 (granting all federal courts authority to issue “all writs necessary or
appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of
law”).

On April 10, 2019, Plaintiff filed the proposed complaint in this action, accompanied by

an application to proceed in forma pauperis.

(Dkt. 1; Dkt. 2.) Plaintiff’s request does not

provide any valid reason to allow the proposed complaint to proceed and the proposed complaint—
seeking damages for the infringement of an “uncopywrighted [sic] musical composition”— is
completely devoid of merit.

(Dkt. 1, at ECF 1 6.) Accordingly, Plaintiff’s application for leave

to file the instant complaint and proceed in forma pauperis is denied.
The Court’s order barring Plaintiff from filing future in forma pauperis complaints without
first seeking the Court’s leave remains in effect.

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

1 Citations to “ECF” refer to the pagination generated by the Court’s CM/ECF docketing
system and not the document’s internal pagination.

pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438,
444–45 (1962). The Clerk of Court is respectfully directed to enter judgment and close this
action.
SO ORDERED.
/s/ Pamela K. Chen
Pamela K. Chen
United States District Judge
Dated: April 17, 2019
Brooklyn, New York

2