MIKKILINENI v. GIBSON-THOMAS ENGINEERING COMPANY et al

Filing 10

ORDER re 8 Motion to assign this case for a Fair Hearing filed by M.R. MIKKILINENI. Signed by Judge Arthur J. Schwab on 8/17/09. (mjl)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA M.R. MIKKILINENI, Plaintiff(s), v. GIBSON-THOMAS ENGINEERING COMPANY, ET AL., Defendant(s). ORDER OF COURT This case originated in the United States District Court for the District of Columbia wherein the plaintiff, M.R. Mikkilineni, filed an application to proceed in forma pauperis and a pro se complaint. Plaintiff's complaint raises the same claims he has previously raised and reraised, unsuccessfully, in this Court and in an action in the Westmoreland County Court of Common Pleas, Pennsylvania, at No. 6137 of 2001. See Mikkilineni v. Gibson-Thomas Eng. Co., No. 04-cv-0491, 2009 WL 1598407, at *1 (W.D. Pa. June 5, 2009) ("This Court will not permit plaintiff to circumvent this Court's directives by this flagrant maneuver."). Chief District Judge Royce C. Lamberth for the District of Columbia granted plaintiff leave to proceed in forma pauperis and transferred this action, sua sponte, to the United States District Court for the Western District of Pennsylvania, stating, inter alia, as follows: "Of particular importance is the likelihood that plaintiff opted to file this action in this district for the express purpose of avoiding the consequences of Judge Schwab's injunction order." See Transfer Order, (Doc. No. 5). Inasmuch as the caption of the complaint filed in that Court erroneously designated the court of filing as the United States District Court for the Western District of Pennsylvania, and the contents of the complaint mirror those of his previously filed complaint in this Court, District 09cv1026 ELECTRONICALLY FILED

Judge Royce Lambert's observation is quite accurate. As before, Mr. Mikkilineni's attempted end-run to the District of Columbia is a blatant attempt to circumvent this Court's prior order that the Clerk of Court "not accept any pro se complaint or other initial pleading from this plaintiff which names any of the defendants named [in that action] as defendants or which is related in any way with [plaintiff's] now defunct engineering company" without first obtaining leave of Court. Mikkilinenni, 2009 WL 1598407, at * 1. Accordingly, Plaintiff's "Motion to Assign this Case for a Fair Hearing before a Judge other than the biased Mr. Schwab" (Doc. No. 8) is DENIED. IT IS FURTHER ORDERED that plaintiff's complaint at Civil Action No. 09-1026 is DISMISSED sua sponte. The Clerk of Court shall mark this case closed.

s/ Arthur J. Schwab Arthur J. Schwab United States District Judge

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All Registered ECF Counsel and Parties

M.R. Mikkilineni P. O. Box 32110 Washington, DC 20007 Pro Se Plaintiff