Whitney

Filing 2

DECISION AND ORDER. Whitney's proposed complaint is stricken pursuant to the Court's sanction Orders, referred to above; further, The Court hereby certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Decision and Ord er would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor person is hereby denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal as a poor person should be directed, on m otion, to the United States Court of Appeals for the Second Circuit, 40 Foley Square, New York, NY, 10007, in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 10/15/19. Copy of this NEF and order mailed to pro se plaintiff at 2660 Chili Avenue, Apt. 14-6, Rochester, NY 14624 (KAP)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

IN RE WENDY ANNE WHITNEY,
Plaintiff,

DECISION AND ORDER

-vs19-MC-6007-CJS
OFFICE OF MENTAL HEALTH,

Defendant.

Siragusa, J. Before the Court is Wendy Anne Whitney’s (“Whitney”) request for permission to file
a new action. This Court entered a sanction Order in Whitney v. Strong Memorial Hosp., No. 04-CV6265-CJS-MWP (W.D.N.Y. Aug. 2, 2004), requiring the Clerk to submit any complaint filed by Whitney
to the Court for a determination as to whether it should be filed. The 2004 sanction Order was preceded
by an earlier one in Whitney v. Bausch & Lomb Inc., No. 98-CV-6184-CJS (W.D.N.Y. May 20, 1998). For
the reasons stated below, the application is denied.
Among the allegations in her proposed complaint are the following: “Mental Health has broken
into my home with Communist policemen, the police attack me, handcuff me & arrest me Mental Health
Hospitals”; “Mental Health threw me out of my homes and made me homeless”; “Spring Lake Police
arrest disabled mental health Rochester Mental Health took my property (stolen property) put it in
storage at J.J. Storage brand new furniture, artwork. I paid for storage. J&J damaged brand new furniture
never delivered properly”; “3 cars stolen with Mental Health impound (I own). I would like to sue for
property at 5630 Buffalo Road, Rochester Psychiatic [sic] Center. I need to sue J&J Storage, Rochester
Mental Health for Home Property Loss & damages”; “I would also like to sue for police brutality & pain
and suffering.”
Whitney also offers that “I’d like to make a piggy bank of the Statute of Liberty and put money
in the piggy bank. I would appreciate if you would buy this idea. It would benefit us both.” She further
discusses complaints she has against Bausch and Lomb’s Employee Assistance Program, which she
claims sent her “to the mental hospital.” Further, she claims to be on Social Security Disability and

Page 1 of 2

claims that Mental Health took her checks, and further that she “would like to be my own representative
payee and receive my check.”
As with her prior filings, Whitney’s present proposed complaint contains no indication of federal
jurisdiction for the majority of her claims, the narrative sentences in her filing are disjointed and make
little logical sense. Her filing appears to be fanciful and delusional. Moreover, any claims she does
make, viewing the filing in the light most favorable to her, appear to raise state law claims over which
the Court does not have jurisdiction. Any claims that could be construed as civil rights claims are
conclusory and lacking in any factual basis to conclude that she has plausibly alleged a federally
justiciable claim. Consequently, the Court hereby
ORDERS, that Whitney’s proposed complaint is stricken pursuant to the Court’s sanction
Orders, referred to above; further,
The Court hereby certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Decision
and Order would not be taken in good faith, and leave to appeal to the Court of Appeals as a poor
person is hereby denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed
on appeal as a poor person should be directed, on motion, to the United States Court of Appeals for the
Second Circuit, 40 Foley Square, New York, NY, 10007, in accordance with Rule 24 of the Federal Rules
of Appellate Procedure.
IT IS SO ORDERED.
Dated: October 15, 2019
Rochester, New York
/s/ Charles J. Siragusa
CHARLES J. SIRAGUSA
United States District Judge

Page 2 of 2