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05-2543 - Robert v. Department of Justice et al


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05-2543 - Robert v. Department of Justice et al
December 12, 2005
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MEMORANDUM AND ORDER Defendants' motion for severance is GRANTED as to HHS, and DENIED as to SSA. Robert's action against HHS is dismissed, with leave to refile within thirty (30) days. Defendants' motion to strike the Complaint and to enjoin Robert from further FOIA actions in this court without prior leave of court is GRANTED. Plaintiff's motion to consolidate this matter with Charles Robert IV v. Department of Justice, No. CV-02-1101, Charles Robert V v. Department of Justice, CV-03-4324, and Charles Robert VI a/k/a Snowflake 5391 v. Department of Justice, CV-04-0269, is GRANTED.All surviving claims not severed in the above matters are hereby consolidated into this action, the caption of which shall state "Charles Robert v. Department of Justice and Social Security Administration." I direct the parties and the Clerk of the Court to utilize this caption in all future submissions to the court regarding this matter. Robert is granted leave to file an amended complaint that joins his remaining nonsevered FOIA claims against DOJ and SSA by or before January 9, 2006. Failure to file an amended complaint shall result in dismissal of these consolidated matters with prejudice. Defendants are directed to serve an answer or pre-answer motion by or before February 9, 2006.Any future FOIA complaint(s) by Robert, including claims severed from this action, must be submitted to my attention as a Motion for Leave to File. Any future Robert FOIA complaints to this court must abide by the same rules that I have imposed for the instant amended complaint, and must be filed using his true name, "Charles Robert." The Clerk of the Court is directed to reject without filing or docketing any new FOIA complaint filed by Robert without my prior authorization. Should Robert violate any of these instructions regarding future FOIA actions, I shall dismiss the action, and consider the imposition of sanctions. Simmons v. Abruzzo, 49 F.3d 83, 87 (2d Cir. 1995); Link v. Wabash Railroad Co., 370 U.S. 626, 629-30 (1962).The Clerk of the Court is directed to mail a copy of this decision to Plaintiff. Ordered by Judge Nicholas G. Garaufis on 12/9/05. (Garaufis, Nicholas)
December 16, 2005
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ORDER PLAINTIFF'S application to add additional claims to his amended complaint in this matter is DENIED. Should Plaintiff violate any of these instructions, I shall dismiss the action and consider the imposition of sanctions. Simmons v. Abruzzo, 49 F.3d 83, 87 (2d Cir. 1995); Link v. Wabash Railroad Co., 370 U.S. 626, 629-30 (1962). The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. Ordered by Judge Nicholas G. Garaufis on 12/16/05. (Garaufis, Nicholas)
December 27, 2005
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ORDER Robert's application to file a new FOIA complaint is denied, with leave to refile a motion that comports with the Federal Rules, the rules of the Eastern District of New York, and my individual rules. Robert is forewarned that if he violates the instructions that I have set forth herein, I shall consider the imposition of sanctions. (c/m to plaintiff.) Ordered by Judge Nicholas G. Garaufis on 12/27/05. Associated Cases: 2:05-cv-02543-NGG,1:03-cv-04324-NGG-ETB,1:04-cv-00269-NGG-ETB,2:02-cv-01101-NGG(Garaufis, Nicholas)
July 10, 2007
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MEMORANDUM AND ORDER rejecting Plaintiff's response and imposing sanctions in the amount of $1,000. Plaintiff is directed to make payment to the Clerk of Court by money order or cash within ten (10) days of this Memorandum and Order. The Clerk of Court is directed to return without filing any and all documents plaintiff may submit (except for a notice of appeal) unless and until he complies with this Order. The Clerk of Court is further directed to serve a copy of this Memorandum and Order on the pro se Plaintiff. So Ordered by Judge Nicholas G. Garaufis on 7/10/07. (Garaufis, Nicholas)
May 9, 2008
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ORDER regarding Charles Robert. As per the attached Memorandum and Order: (1) Robert's motion to withdraw without prejudice his claims relating to requests G and H is GRANTED; (2) Robert's motion to withdraw his claims relating to requests A, B, C, F, I, J, and K is DENIED; (3) Defendants' motion for summary judgment with respect to requests B, C, F, I, and K is GRANTED; and (4) Defendants' motion for summary judgment with respect to requests A, D, E, and J is DENIED. Defendants are GRANTED 30 days leave to file supplementary affidavits explaining their responses to these requests in greater detail, as explained in the Memorandum and Order. The Clerk of Court is directed to serve a copy of this Memorandum and Order upon the pro se Plaintiff. So Ordered by Judge Nicholas G. Garaufis on May 9, 2008. (Garaufis, Nicholas)