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16-740 - Clark et al v. United States of America et al


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16-740 - Clark et al v. United States of America et al
August 29, 2016
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REPORT AND RECOMMENDATIONS & ORDER: It is Ordered that the # 2 MOTION for Leave to Proceed in forma pauperis filed by Michael Clark is GRANTED. It is Recommended that the # 1 Complaint be DISMISSED WITH PREJUDICE AND WITHOUT LEAVE TO AMEND. It is further Recommended that as plaintiff Michael Clark has have demonstrated a pattern of filing multiple frivolous actions arising out of the same underlying facts, the District Judge institute a bar order requiring plaintiff Michael Clark to seek permission of the Court prior to filing any new actions in the U.S. District Court for the Northern Districtof New York. It is further Recommended that the # 5 MOTION to Compel Discovery be DISMISSED AS MOOT. (Objections to R&R due by 9/15/2016, Case Review Deadline 9/19/2016). Signed by Magistrate Judge Christian F. Hummel on 8/29/2016. (Attachment: # (1) Supporting Exhibits and Caselaw) {Copy served upon all the pro se plaintiffs by regular mail}(jmb)
November 9, 2016
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ORDER dismissing 5 Motion to Compel as moot; adopting 6 Report and Recommendations in its entirety; denying 8 Motion for Writ of Mandamus. The Clerk is directed to terminate Kathleen Clark, Ian Clark and Noah Clark as plaintiffs. The complaint (Dkt. No. 1) is DISMISSED WITH PREJUDICE and without leave to amend under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore an appeal may not be taken in forma pauperis. It is RECOMMENDED that United States District Court Chief Judge Glenn T. Suddaby issue an Order to Show Cause, giving Plaintiff fourteen days to respond as to why he should not be enjoined from filings in this Court without prior permission of Chief Judge Suddaby. Signed by Judge Brenda K. Sannes on 11/9/16 (served on plaintiffs via certified mail). (rjb, )