PICOZZI v. RUFE et al

Filing 9

MEMORANDUM AND ORDER THAT PICOZZI IS GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS IN CIVIL ACTION NOS. 18-2532, 18-2616 AND 18-2771. THE COMPLAINTS IN CIVIL ACTIONS 18-2532, 18-2616 AND 18-2771 ARE DISMISSED FOR THE REASONS DISCUSSED IN THE COURTS MEMO RANDUM, ETC. ALL OF PICOZZI'S CLAIMS ARE DISMISSED WITH PREJUDICE WITH THE EXCEPTION OF CLAIMS DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION, WHICH ARE DISMISSED WITHOUT PREJUDICE TO PICOZZI REFILING HIS CLAIMS IN STATE COURT. PICOZZI IS ENJ OINED FROM FILING ANY NEW CIVIL CASES IN FORMA PAUPERIS WITH THE EXCEPTION OF ANY HABEAS CASES OR, SHOULD HE END UP INCARCERATED, CASES CHALLENGING THE CONDITIONS OF HIS CONFINEMENT FOR A PERIOD OF 2 YEARS FROM THE DATE OF THIS ORDER. PICOZZI IS ALSO ENJOINED FROM FILING ANY DOCUMENTS OR MOTIONS IN THE CASES HE HAS ALREADY FILED-CIVIL ACTION NUMBERS 18-1998, 18-2032, 18-2033, 18-2201, 18-2235, 18-2238, 18-2239, 18-2210, 18-2277, 18-182324, 18-2327, 18-2439, 18-2532, 18-2616 AND 18-2771 WITH THE EXCEPTION OF A MOTION FOR RECONSIDERATION OF THIS ORDER FILED WITHIN 28 DAYS OF THE DATE OF THIS ORDER, OR A NOTICE OF APPEAL. THE CLERK OF COURT SHALL NOT DOCKET ANY CIVIL NON-HABEAS CASE COVERED BY THIS INJUNCTION UNLESS PICOZZI PAYS $400 TO T HE CLERK OF COURT. IF PICOZZI SUBMITS ANY DOCUMENTS OR NEW CASES TO THIS COURT THAT ARE COVERED BY THIS INJUNCTION, THE CLERK OF COURT IS DIRECTED TO RETURN THOSE PAPERS TO PICOZZI ALONG WITH A WITH COPY OF THIS ORDER. THE CLERK OF COURT SHALL CLOSE CIVIL ACTION NOS. 18-2532, 18-2616 AND 18-2771. SIGNED BY HONORABLE GERALD A. MCHUGH ON 7/12/18. 7/12/18 ENTERED AND COPIES MAILED TO PRO SE PICOZZI.(rf, ) Modified on 7/12/2018 (rf, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE:
THOMAS PICOZZI,
Plaintiff.

FILED
JUL 12 20\8
KATE BARKMAN· ~~rk
De.;>. "

By

CIVIL ACTION NOS. 18-CV-2201
18-CV-2235
18-CV-2238
18-CV-2239
18-CV-2277
18-CV-2324
18-CV-2327
18-CV-2532
18-CV-2616
18-CV-2771
ORDER

AND NOW, this ;.J 11day of July 2018, upon consideration of Plaintiff Thomas Picozzi's
Motions to Proceed In Forma Pauperis and Complaints in Civil Action Nos. 18-2532, 18-2616,
and 18-2771, as well as his failure to respond to the June 8, 2018 Order by Judge Kearney
directing Picozzi to show cause as to why he should not be enjoined from filing cases in forma

pauperis in light of his abuse of that privilege, it is ORDERED that:
1. Picozzi is GRANTED leave to proceed in forma pauperis in Civil Action
Nos. 18-2532, 18-2616, and 18-2771.
2. The Complaints in Civil Action Nos. 18-2532, 18-2616, and 18-2771 are

DISMISSED for the reasons discussed in the Court's Memorandum. Picozzi may not file an
amended complaint in these cases. All of Picozzi's claims are DISMISSED with prejudice
with the exception of claims dismissed for lack of subject matter jurisdiction, which are

DISMISS.ED without prejudice to Picozzi refiling his claims in state court.
3. For the reasons set forth in the Court's Memorandum, Picozzi is ENJOINED
from filing any new civil cases in forma pauperis with the exception of any habeas cases or,
should he end up incarcerated, cases challenging the conditions of his confinement for a period

of two (2) years from the date of this Order. Picozzi is also ENJOINED from filing any
documents or motions in the cases he has already filed-Civil Action Numbers 18-1998, 182032, 18-2033, 18-2201, 18-2235, 18-2238, 18-2239, 18-2210, 18-2277, 18-2324, 18-2327, 182439, 18-2532, 18-2616, and 18-2771-with the exception of a motion for reconsideration of
this Order filed within twenty-eight (28) days of the date of this Order, or a notice of appeal.
The Clerk of Court shall not docket any civil non-habeas case covered by this
injunction unless Picozzi pays $400 to the Clerk of Court. If Picozzi submits any documents or
new cases to this Court that are covered by this injunction, the Clerk of Court is directed to
return those papers to Picozzi along with a copy of this Order.
4. The Clerk of Court shall CLOSE Civil Action Nos. 18-2532, 18-2616, and
18-2771.
BY THE COURT:

GERALD A. MCHUGH, J.