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16-037 - Gueye v. Strauss et al


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16-037 - Gueye v. Strauss et al
July 7, 2017
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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND ORDER: IT IS RECOMMENDED: (1) Defendants Motion for Summary Judgment 23 be GRANTED; (2) Plaintiffs Motion for Injunctive Relief 15 be DENIED; (3) Defendants Motion to Declare Plaintiff Vexatious Litigator 24 be GRANTED; (4) Plaintiffs Motion for Consideration and Motion for Stay Pending Appeal 46 be DENIED; The Court ORDERS: 1) Plaintiffs Motion to Compel Refund 27 be DENIED AS MOOT. Objections must be filed within 14 days. Signed by Magistrate Judge Edward B. Atkins on 7/7/2017.(TJZ)cc: COR, Amar Gueye via US Mail
August 2, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Magistrate Judge Atkinss R&R 47 is ADOPTED as the findings of facts and conclusions of law of the Court; 2) Defendants Motion for Summary Judgment 23 is GRANTED; 3) Plaintiffs Motion for Injunctive Relief 15 is DENIED; 4) Defendants Motion to Declare Plaintiff a Vexatious Litigator 24 is GRANTED. Plaintiff is ENJOINED from filing any future pro se civil actions in this Court without the prior written authorization of the Court. The Clerk of the Court SHALL REFUSE to file or docket any civil complaint regardless of how styled or the basis for the relief sought unless the Court authorizes the filing of such action. To obtain such authorization, Gueye must: a) Send a one-page letter to the Court requesting permission to file suit; b) Include a typewritten complaint, or a form Civil Rights Complaint [EDKY Form 520], which must describe the facts of his case and his claims with reasonable particularity; and c) Pay the required fees, or file a form Application to Proceed Without Prepayment of Fees and Affidavit [AO Form 249]; 5) Plaintiffs Motion for Consideration and Motion for Stay Pending Appeal 46 is DENIED; 6) For the reasons set forth in the R&R, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue; 7) This action is DISMISSED with prejudice and STRICKEN from the docket. Signed by Judge David L. Bunning on 8/2/2017.(TJZ)cc: COR, Amar Gueye via US Mail