Emrit v. Providence Housing Authority et al

Filing 5

ORDER dismissing 1 Complaint, granting 2 MOTION for Leave to Proceed in forma pauperis, and adopting 4 Report & Recommendation; further, plaintiff is hereby ordered to submit future filings to this Court in compliance with this Order. So Ordered by Chief Judge William E. Smith on 1/4/2017. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
RONALD SATISH EMRIT,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 16-543 S
)
PROVIDENCE HOUSING AUTHORITY,
)
et al.
)
)
Defendant.
)
___________________________________)
ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate

Judge

Lincoln

D.

Almond

filed

a

Report

and

Recommendation (“R&R”) on October 25, 2016. (ECF No. 4.) The R&R
recommends

that

Plaintiff’s

Application

to

Proceed

Without

Prepayment of Fees (ECF No. 2) be granted but that the Complaint
(ECF

No.

1)

be

dismissed.

The

R&R

further

recommends

that

Plaintiff be ordered to refrain from future filings in this
Court subject to certain exceptions. Plaintiff has not filed an
objection to the R&R.
Dismissal

is

appropriate

in

this

case

if

“the

court

determines that . . . the action . . . (i) is frivolous or
malicious; (ii) fails to state a claim on which relief may be
granted; or (iii) seeks monetary relief against a defendant who
is immune from such relief.”

28 U.S.C.

§ 1915(e)(2)(B).

The

Court agrees with the R&R’s determination that, “even applying .
.

.

liberal

standards

of

review

to

Plaintiff’s

Complaint,

dismissal is required.” (R&R 3.) Plaintiff has failed to exhaust
administrative remedies for his claim. Additionally, Plaintiff
has not alleged a set of plausible facts on which relief could
be granted.
The

Court

also

agrees

with

Magistrate

Judge

Almond’s

conclusion that some prophylactic order is warranted in this
case.

Plaintiff

has

been

filing

similar

complaints

raising

identical issues in various federal courts. (R&R 5-6.) The Court
ADOPTS the R&R’s recommendation that Plaintiff be limited in his
future filings in this Court and ORDERS as follows:
Plaintiff Ronald Satish Emrit is prohibited from
filing any additional complaints or other papers in
this Court, except for filings in currently pending
cases to object to a Report and Recommendation of a
Magistrate Judge or to effect an appeal from this
Court, without first obtaining the prior written
approval of a District Judge of this Court. If
Plaintiff Ronald Satish Emrit wishes to file any
additional complaints or other papers in this Court,
he shall file a written petition seeking leave of
Court to do so. The petition must be accompanied by
copies of the documents sought to be filed, and a
certification under oath that there is a good faith
basis for filing them in Federal Court. The Clerk of
Court shall accept the documents, mark them received,
and forward them to a District Judge of this Court for
action on the petition for leave to file.
For the reasons stated above, Plaintiff’s Application to
Proceed

Without

Prepayment

of

Fees

(ECF

No.

2)

is

GRANTED.

Plaintiff’s Complaint (ECF No. 1) is DISMISSED with prejudice.

Lastly, Plaintiff is hereby ORDERED to submit future filings to
this Court in compliance with this Order.

IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: January 4, 2017