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17-804 - Biton et al v. Verilli et al


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17-804 - Biton et al v. Verilli et al
May 5, 2017
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MEMORANDUM AND ORDER: Accordingly, given Danielle Biton's extensive history of vexatious litigation, and in the absence of any basis for leave to file to be granted, Plaintiffs are denied permission to file these in forma pauperis complaints based on the allegations herein. (ECF Nos.: 3, 4.) Their motions for 8 discovery, for the Court to 6 appoint counsel, and for the 1 recusal of the Honorable Carol Bagley Amon are all likewise denied. Should Danielle Biton wish to proceed with the proposed complaints, she must pay the Court's filing fees. To the extent Crystal Biton may wish to proceed without Danielle Biton, she may file a new complaint and either pay the filing fee or a request to proceed in forma pauperis. The Court's order barring Danielle Biton from filing future in forma pauperis complaints without first seeking the Court's leave remains in effect. The Clerk of Court is directed to return without filing and without judicial order any future in forma pauperis complaint submitted by Plaintiff Danielle Biton that does not comply with the Court's filing injunction. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is directed to close this action. SO ORDERED by Judge LaShann DeArcy Hall, on May 5, 2017. C/mailed. (Latka-Mucha, Wieslawa)