PICOZZI v. MCCORMACK et al

Filing 5

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, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: THOMAS PICOZZI, Plaintiff. FILED JUL 12 20\8 KATE BARKMANĀ· ~~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.

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