Cavanough v. doe's/DOE'S 1-99 et al

Filing 2

ORDER: The Court hereby ORDERS that Petitioner's filing, captioned "Petition for a Bill in Equity," in this case is STRICKEN as improperly filed. The Court further ORDERS that the Clerk of the Court shall close this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 12/14/2016. [Copy served upon probation via email and upon Petitioner via regular and certified mail.] (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_________________________________________________
DOUGLAS-MATTHEW CAVANAUGH, JR.,1
a natural living man, beneficial and equitable
interest holder and special and private transient
of the Republic of New York, in the County of
Broome,
Petitioner,
v.

3:16-MC-53
(FJS/DEP)

JOHN DOE'S 1-99 and JANE DOE'S 1-99,
Respondents.
_________________________________________________
APPEARANCES
DOUGLAS-MATTHEW CAVANAUGH, JR.
General Delivery Post
Kirkwood Post Office, New York 13795
Petitioner pro se
SCULLIN, Senior Judge
ORDER
On November 18, 2016, Petitioner Douglas-Matthew Cavanaugh, Jr. filed a document in this
Court captioned as a "Petition for Bill in Equity." See Dkt. No. 1. He named as Respondents John
Doe's 1-99 and Jane Doe's 1-99. See id. Petitioner attempts to invoke the "extraordinary
jurisdiction" of the Equity Court because, he claims, that this matter is "exclusively equitable in
nature." See id.2
1

On the Court's docket, Petitioner's name is incorrectly spelled. The Court directs the
Clerk of the Court to correct the spelling of Petitioner's last name to read "Cavanaugh."
2

As Senior Judge McAvoy noted in his June 6, 2016 Decision and Order in Cavanaugh
(continued...)

A jury convicted Petitioner of six counts of filing false, fictitious or fraudulent claims
against the government on November 8, 2011. See United States v. Cavanaugh, 10-CR-597, Dkt.
No. 37. On February 27, 2012, the court (McAvoy, J.) sentenced Petitioner to a 48-month term of
incarceration to be followed by three years of supervised release. See id., Dkt. No. 52. Petitioner
eventually entered into supervised release; and, on October 21, 2014, the court (McAvoy, J.) entered
an Order modifying the terms of that supervised release. See id., Dkt. No. 62. Among the
conditions that Judge McAvoy imposed was the following:
The defendant [Petitioner, herein] shall not file in any court, in any
federal, state or municipal clerk's office, or any public agency any
document indicating the defendant or anyone else holds a lien,
encumbrance, civil or criminal claim, civil or criminal judgment, or
entitlement to relief against any person or any entity unless the
defendant has first received permission of the United States District
Court for [the] Northern [District of] New York or the United States
Probation Office.
Id.
Petitioner's filing seeks relief from the Court against John and Jane Doe Respondents based
on his contention that he "is the beneficial and equitable interest holder for [certain] accounts . . . as
a result of an expressed private trust for which [Petitioner claims] the beneficial and equitable
title/interest . . . ." See Dkt. No. 1 at 2. Furthermore, Petitioner alleges that Respondents "are the
trustees and legal interest holders for [these] accounts . . . as a result of an expressed private trust for
which the legal title/interest was transfered [sic], conveyed, assigned, delivered and accepted by the
[Respondents]." See id. at 2-3.
2

(...continued)
v. Obama, 3:16-MC-8, "the Rules Enabling Act of 1938 eliminated separate courts of law and
equity in the federal courts." Cavanaugh v. Obama, 3:16-MC-8, Dkt. No. 2 at 1 n.1 (citation
omitted).
-2-

Petitioner filed this action in this Court without first obtaining permission of the Probation
Office or the Court in violation of Judge McAvoy's October 21, 2014 Order.3 Therefore,
Petitioner's filing of this action violated the conditions of his supervised release. Accordingly, the
Court hereby
ORDERS that Petitioner's filing, captioned "Petition for a Bill in Equity," in this case is
STRICKEN as improperly filed; and the Court further
ORDERS that the Clerk of the Court shall close this case; and the Court further
ORDERS that the Clerk of the Court shall provide a copy of this Order to the Department of
Probation; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on Petitioner in
accordance with the Local Rules.

IT IS SO ORDERED.

Dated: December 14, 2016
Syracuse, New York

3

On November 21, 2016, the court (McAvoy, J.) signed a Petition and Order of Violation
of Supervised Release as to Petitioner. See Dkt. No. 74. On December 5, 2016, the court
(McAvoy, J.) held a final supervised release violation hearing, at which Petitioner, represented by
counsel, admitted to all three violations listed in the November 21, 2016 Petition and Order, one
of which pertained to Petitioner's filing of the instant action. At the conclusion of the hearing,
the court (McAvoy, J.) agreed to suspend sentencing for six months at the request of Petitioner's
counsel. See 10-CR-597, Minute Entry dated December 5, 2016.
-3-