D'Amario v. Heagney et al
ORDER adopting 29 Report and Recommendations; granting 22 Motion to Dismiss for Failure to State a Claim; granting 23 Motion to Dismiss for Failure to State a Claim; denying 27 Motion to Amend; dismissing sua sponte any remaining defendants named in plaintiff's Complaint; and, Enjoining the Plaintiff from Further Filings Wwithout Prior Order of Court. So Ordered by United States District Judge D. Brock Hornby, District of Maine on 10/30/13. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
ARTHUR D’AMARIO, III,
SPECIALISTS, INC., ET AL.,
CIVIL NO. 1:12-CV-00779-DBH-MJK
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
AND ORDER ENJOINING THE PLAINTIFF FROM FURTHER FILINGS
WITHOUT PRIOR ORDER OF COURT
On October 16, 2013, the United States Magistrate Judge filed with the
court, with copies to the parties, her Recommended Decision. The plaintiff filed
an objection to the Recommended Decision on October 29, 2013.
reviewed and considered the Recommended Decision, together with the entire
record; I have made a de novo determination of all matters adjudicated by the
Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in the Recommended
Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The plaintiff’s motion for leave to amend is DENIED.
The defendant Manhattan Housing Specialist, Inc.’s motion to dismiss is
GRANTED. The Court sua sponte DISMISSES any remaining defendants named in
the plaintiff’s Complaint.
On June 5, 2008, I placed the plaintiff on NOTICE that “filing restrictions
‘may be in the offing.’ Cok v. Family Court of Rhode Island, 985 F.3d 32, 35
(1st Cir. 1993). This represent[ed] the ‘cautionary order’ of which Cok speaks.
Groundless and inappropriate filings will not be tolerated.”
Petitioner’s Mot. for Relief from J.
D’Amario v. United States, No. 1:01-cv-
00097-DBH (D. R.I.) (ECF No. 61).
The plaintiff’s current lawsuit is frivolous, as the Magistrate Judge has
recounted in her Recommended Decision.
I hereby find that Arthur D’Amario, III is a vexatious litigant who has
abused his right to access to this Court by continuing to pursue groundless
“A part of the Court’s responsibility is to see that [the Court’s
limited] resources are allocated in a way that promotes the interest of justice.
The continual processing of petitioner’s frivolous [filings] does not promote that
end.” In re McDonald, 489 U.S. 180, 184 (1989). An injunction is therefore
appropriate under 28 U.S.C. § 1651(a), which gives courts authority to prohibit
the filing of frivolous and vexatious lawsuits. Castro v. United States, 775 F.2d
399, 408 (1st Cir. 1985).
Arthur D’Amario, III is ENJOINED from making further filings without
prior leave of Court. The Clerk of this Court is directed to refuse to receive, file,
or docket, without a prior order of this Court, any such paper submitted by or
on behalf of Arthur D’Amario, III (other than a timely notice of appeal from this
Order to the United States Court of Appeals for the First Circuit).
The United States Marshal is directed to serve an attested copy of this
Order upon Arthur D’Amario, III personally immediately.
DATED THIS 30TH DAY OF OCTOBER, 2013
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
DISTRICT OF MAINE
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