Wang v. International Business Machines Corp.

Filing 151

ORDER: The Court's patience with plaintiff has come to an end. Accordingly, because of plaintiffs pattern of vexatious bad faith litigation and his disregard of multiple Court orders, it is hereby ORDERED: 1. Plaintiff shall not submit any add itional letter, motion, or other filing of any kind to this Court in this case (with the exception of a notice of appeal). If plaintiff disregards this Order, that submission will be summarily rejected and returned to plaintiff without being dockete d or reviewed by the Court. 2. In addition, if plaintiff disregards this Order, the Court, in an exercise of its inherent authority to impose financial sanctions on a vexatious pro se litigant, will impose an escalating financial sanction on plaint iff, to be paid directly to the Clerk of Court. Specifically, plaintiff will be fined $100 for the first such submission, $200 for the second such submission, $400 for the third such submission, $800 for the fourth such submissi on, $1,600 for the fifth such submission and so on. See, e.g., Sassower v. Field, 973 F.2d 75, 81 (2d Cir. 1992) (affirming financial sanction on pro se plaintiff for vexatious litigation conduct pursuant to district court's inherent sanc tion authority), cert. denied, 507 U.S. 1043 (1993); see also DiSilvestro v. United States, 767 F.2d 30, 32 (2d Cir.) (affirming attorney's fees sanction under district court's inherent sanction authority on pro se plaintiff that viola ted filing injunction), cert. denied, 474 U.S. 862 (1985); Koehl v. Greene, 424 F. App'x 61, 62 (2d Cir. 2011) (summary order) (recognizing district court's inherent power to impose financial sanctions on a pro se plaintiff). The Court ce rtifies, 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 pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/27/2023) Copies Mailed By Chambers. (mml)

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