Philippeaux v. United States of America

Filing 66

ORDER denying 63 Motion for Reconsideration re 62 Order on Motion for Miscellaneous Relief, Order on Motion for Reconsideration, Order on Motion for Bond; denying 65 Motion for FOR CLERK'S DEFAULT PURS. TO FED.R.CIV;P. 55(a). On October 19, 2020, Mr. Philippeaux moved to alter or amend the Courts October 14 order pursuant to Fed. R. Civ. P. 59(e), see Dkt. 63 (No. 18-cv-5974), and for reconsideration of that same order in the criminal case, see Dkt. 157 (No. 13-cr-277). The se motions lack merit and are all similarly denied. On November 3 and 4, 2020, Mr. Philippeaux also moved for default judgment in each case with respect to two previously pending motions on the ground that the Government had not opposed them. See Dkt . 65 (18-cv-5974); Dkt. 158 (13-cr-277). These motions also lack merit, seeing as the Court has rejected all of Mr. Philippeaux's previously pending motions, and they are denied. Mr. Philippeaux is again reminded that if he continues to file fri volous or meritless documents, the Court may direct him to show cause why it should not impose a filing sanction. The Clerk of Court is respectfully directed to terminate the motions in No. 13 cr-277 pending at Dkt. 157 and Dkt. 158, and the motions in No. 18-cv-5974 pending at Dkt. 63 and Dkt. 65. The Clerk of Court is further directed to mail a copy of this order to Petitioner. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/16/2020) (kv) Transmission to Docket Assistant Clerk for processing.

Case 1:18-cv-05974-RA-SN Document 66 Filed 11/16/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED:

PHILANDER PHILIPPEAUX,
Petitioner,
v.
UNITED STATES OF AMERICA,

18-cv-5974 (RA)
13-cr-277 (RA)
ORDER

Respondent.
RONNIE ABRAMS, United States District Judge:
On October 14, 2020, the Court denied several motions pending in Mr. Philippeaux’s
habeas case (No. 18-cv-5974) and his underlying criminal case (No. 13-cr-277), explaining that
they all “lack[ed] merit” and “rehash[ed] arguments that [had] been previously raised and
rejected.” See Dkt. 62 (No. 18-cv-5974); Dkt. 156 (No. 13-cr-277). The Court further reminded
Mr. Philippeaux that if he continues to file frivolous or meritless documents in these cases, the
Court may direct him to show cause why he should not be barred from filing further documents.
On October 19, 2020, Mr. Philippeaux moved to alter or amend the Court’s October 14
order pursuant to Fed. R. Civ. P. 59(e), see Dkt. 63 (No. 18-cv-5974), and for reconsideration of
that same order in the criminal case, see Dkt. 157 (No. 13-cr-277). These motions lack merit and
are all similarly denied. On November 3 and 4, 2020, Mr. Philippeaux also moved for default
judgment in each case with respect to two previously pending motions on the ground that the
Government had not opposed them. See Dkt. 65 (18-cv-5974); Dkt. 158 (13-cr-277). These
motions also lack merit, seeing as the Court has rejected all of Mr. Philippeaux’s previously
pending motions, and they are denied. Mr. Philippeaux is again reminded that if he continues to
file frivolous or meritless documents, the Court may direct him to show cause why it should not
impose a filing sanction.

Case 1:18-cv-05974-RA-SN Document 66 Filed 11/16/20 Page 2 of 2

The Clerk of Court is respectfully directed to terminate the motions in No. 13-cr-277
pending at Dkt. 157 and Dkt. 158, and the motions in No. 18-cv-5974 pending at Dkt. 63 and Dkt.
65. The Clerk of Court is further directed to mail a copy of this order to Petitioner.
SO ORDERED.
Dated:

November 16, 2020
New York, New York
Ronnie Abrams
United States District Judge

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