In Re Larry A. Bratton

Filing 3

BAR ORDER: ANTI-FILING INJUNCTION ORDER re 1 Order to Show Cause. Signed by Chief Judge Gary L. Sharpe on 12/18/12. (tab)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_________________________________
IN RE: LARRY A. BRATTON,

1:12-mc-73 (GLS)

Respondent.
_________________________________
ANTI-FILING INJUNCTION ORDER
On November 28, 2012, respondent Larry Bratton was ordered to
show cause as to why he should not be enjoined from filing future cases in
this District without permission from the Chief Judge. (See Dkt. No. 1.)
Bratton has failed to respond despite the passage of the deadline. It
follows that he is permanently enjoined from filing any document or
pleading of any kind pro se in the Northern District of New York without
leave of the Chief Judge and subject to the requirements outlined below.
NOTICE TO PRO SE LITIGANT: FAILURE TO STRICTLY
COMPLY WITH THE REQUIREMENTS OUTLINED BELOW
MAY SUBJECT YOU TO FURTHER SANCTIONS, INCLUDING
THE DISMISSAL OF YOUR COMPLAINT/PETITION OR
REJECTION OF YOUR SUBMISSION.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that pursuant to 28 U.S.C. § 1651(a), Bratton is
permanently enjoined from filing any document or pleading of any kind with
this court as a pro se plaintiff, except as outlined below; and it is further
ORDERED that the Clerk of the United States District Court for the

Northern District of New York shall maintain a miscellaneous file with the
general title “In the Matter of Larry A. Bratton.” Unless otherwise ordered
by the Chief Judge or his designee, this file shall serve as the repository of
all orders relating to Bratton in this District, documents submitted under the
procedures set forth herein, any order entered pursuant thereto, and any
document or pleading of any kind, whether rejected or not, submitted pro
se by Bratton. The Clerk of the Court shall also maintain a docket sheet
associated with this file and shall list all documents filed therein; and it is
further
ORDERED that before initiating any pro se action in this District or
filing a document of any kind with the court, Bratton must first obtain
permission from the Chief Judge or his designee. To do so, Bratton must
submit to the court three documents in the form described below: (1) a
petition requesting leave to file; (2) an affidavit; and (3) a copy of the
document or pleading sought to be filed. The filing shall be entitled
“Application Pursuant to Court Order Seeking Leave to File,” and shall
contain the assigned miscellaneous file number in the caption; and it is
further
ORDERED that a petition requesting leave to file must contain the
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following information:
(1) a statement advising the court whether any defendant to the
lawsuit was a party, litigant, judge, attorney, court officer, public
official or participant to, or was in any way involved in, any prior
lawsuit or bankruptcy proceeding involving Bratton, and if so, in what
capacity;
(2) a list of all lawsuits in the United States District Court for the
Northern District of New York, Court of Appeals for the Second
Circuit, and state courts in which Bratton was or is a party; the name,
case number and citation, if applicable, of each case; a statement
indicating the nature of Bratton’s involvement in each lawsuit and its
current status or disposition;
(3) a list of all federal or state cases in which a judgment was
rendered against Bratton, if any; the name, case number and citation,
if applicable; the amount of the judgment rendered against him; the
amount, if any, of the judgment that remains outstanding and the
reasons therefor;
(4) a list of all federal or state cases in which a judgment was
rendered in favor of Bratton, if any; the name, case number and
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citation, if applicable; and
(5) a list identifying the procedural or monetary sanctions,
assessment of attorneys’ fees, contempt orders or jail sentences
arising out of a civil prosecution imposed against him by any court,
including all appellate courts, if any; the name, case number and
citation, if applicable, of each case; a brief statement explaining the
sanctions, contempt order, attorneys’ fees or jail sentence imposed;
the type or amount of sanctions; the outstanding amount of any
sanctions or attorneys’ fees; and the current status or disposition of
the matter; and it is further
ORDERED that Bratton shall also submit with the above petition an
affidavit, in the proper legal form, with appropriate jurat and notarization,
containing the following recitals:
(1) that the complaint or claims Bratton wishes to present, or the relief
he seeks, has never before been raised by him and disposed of by
any federal or state court and are not, to the best of his knowledge,
barred by collateral estoppel or res judicata;
(2) that to the best of his knowledge the claim or claims are not
frivolous or taken in bad faith; that they are well-grounded in fact and
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warranted by existing law or a good faith argument for the extension,
modification or reversal of existing law; that the lawsuit is not
interposed for any improper purpose, such as to harass, cause
unnecessary delay or needless increase in the cost of litigation, or to
avoid the execution of a valid judgment;
(3) that the claim or claims are not meant to harass any judicial
officer, attorney, individual, organization or entity; and
(4) that in prosecuting the action, Bratton will comply with all federal
and local rules of procedure, including those requiring the service on
other parties of all pleadings and papers filed with the court, and will
provide the court with acceptable proof that such service was made;
and it is further
ORDERED that Bratton shall include with the above-described
petition and affidavit a copy of the complaint and/or any other documents to
be filed with the court. The complaint shall conform with the requirements
of this Order, Fed. R. Civ. P. 8, all other provisions contained in the Federal
Rules of Civil Procedure, and the Local Rules of Practice; and it is further
ORDERED that upon filing of the Application Pursuant to Court Order
Seeking Leave to File, the Clerk or his designated deputy shall docket the
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documents in the miscellaneous case and in accordance with the rules,
and immediately forward them to the Chief Judge or his designee for
review; and it is further
ORDERED that if the Application Pursuant to Court Order Seeking
Leave to File includes a pleading of any kind, the Clerk shall STAY the
case and shall not issue the requisite summonses until directed to do so by
the Chief Judge or his designee; and it is further
ORDERED that Chief Judge or his designee should consider the
following:
(1) whether Bratton has complied with the procedures set forth in this
Order in all particulars;
(2) whether Bratton’s complaint complies with the Federal Rules of
Civil Procedure and Local Rules of Practice;
(3) whether the complaint is frivolous, abusive, harassing or
malicious;
(4) whether the claims raised in Bratton’s complaint have been
adjudicated previously by any state or federal court;
(5) whether Bratton has complied in all respects with Fed. R. Civ. P.
11 and all pleadings and filings would not give rise to liability under
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28 U.S.C. § 1927, regarding unreasonable and vexatious multiple
filings;
(6) whether the complaint alleges claims against judges, court
officials, public officers or any other individuals who may have
immunity from suit; and
(7) whether the complaint meets such other reasonable requirements
established by the court; and it is further
ORDERED that failure to comply with the procedures and principles
set forth in this Order shall be grounds for denying the Application Pursuant
to Court Order Seeking Leave to File without further review. Likewise,
false or misleading recitals in the complaint or petition shall be grounds for
denial and may subject Bratton to further sanctions under Fed. R. Civ. P.
11, 28 U.S.C. § 1927 and/or the court’s inherent power to sanction a litigant
for bad faith conduct or for disobeying court orders; and it is further
ORDERED that Bratton is further advised that nothing in this Order
hinders his ability to defend himself in any criminal action brought against
him; limits his access to any court other than the Northern District of New
York; or affects his rights in any of his currently pending actions in state or
federal court; and it is further
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CERTIFIED pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from
this order would not be taken in good faith; and it is further
ORDERED that the Clerk shall serve a copy of this Order on Bratton
by certified mail.
IT IS SO ORDERED.
December 18, 2012
Albany, New York

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