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15-1385 - BANKS v. HORNAK et al


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15-1385 - BANKS v. HORNAK et al
November 10, 2015
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REPORT AND RECOMMENDATION that the 1 MOTION for Leave to Proceed in forma pauperis filed by FREDERICK BANKS be denied. It is also recommended that the Clerk of Court mark the case closed. Objections to R&R due by 11/27/2015. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/10/2015. (jmb)
December 8, 2015
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ORDER. For the reasons stated in the Order filed herewith, IT IS ORDERED that Petitioner is designated a vexatious litigant, and hereby is enjoined from filing, without prior authorization of the Court, any complaint, lawsuit or petition for writ of mandamus. IT IS FURTHER ORDERED that Petitioner must file a motion for leave to file along with any new complaint, lawsuit or petition for writ of mandamus that he proposes to file, and must attach a copy of this Order to it. The motion shall be filed as a miscellaneous case. IT IS FURTHER ORDERED that as an exhibit to any motion seeking such leave, there must be attached a declaration prepared pursuant to 28 U.S.C. ยง 1746 or a sworn affidavit certifying that (a) the document raises a new issue that has never been previously raised by the filer in this or any other court, (b) the claim or issue is not frivolous, (c) the document is not filed in bad faith, and (d) a statement as to the basis for jurisdiction and venue in the Western District of Pennsylvania. IT IS FURTHER ORDERED that concurrent with the filing, Petitioner also shall submit the District Court's filing fee or a sworn statement that he is under imminent danger of serious physical injury. IT IS FURTHER ORDERED that the Court shall deny any motion for leave to file if the proposed document is frivolous, vexatious, or harassing. If the motion is denied, the document shall not be filed. The failure to comply with this Memorandum Order shall be sufficient grounds for this Court to deny any motion for leave to file. IT IS FURTHER ORDERED that if the motion for leave to file is granted, Plaintiff shall submit the Order as evidence that he has obtained the permission of the Court for the filing. IT IS FURTHER ORDERED that no document submitted by Plaintiff shall be filed prior to obtaining leave to file unless the document is specifically identified as a motion for leave to file, and unless the document contains an affidavit or sworn declaration as required by this Memorandum Order, and a copy of this Memorandum Order. IT IS FURTHER ORDERED that the Clerk's office shall not accept any filing fees, cover sheets, applications for leave to proceed without prepayment of fees, summonses or U.S. Marshals forms, in connection with a motion for leave to file, unless and until leave is granted. Finally, IT IS HEREBY ORDERED that Petitioner's Motion to Vacate the Court's Order to Show Cause (Doc. 6) is DENIED. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 12/8/15. (rld) Staff Notes: A copy of this Order was mailed to Petitioner at his address of record via First-Class U.S. Mail.
December 17, 2015
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REPORT AND RECOMMENDATION re 1 MOTION for Leave to Proceed in forma pauperis filed by FREDERICK BANKS. It is respectfully recommended that the 1 Motion for Leave to Proceed in Forma Pauperis filed by Frederick Banks be denied for the reasons set forth in the Report and Recommendation. It is also recommended that the Clerk of Court mark the case closed. Objections to R&R due by 1/4/2016. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/17/15. (clh)
January 11, 2016
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ORDER. For the reasons stated in the Memorandum Order filed herewith, Petitioner's Motion for Leave to Proceed in Forma Pauperis (Doc. 1) is DENIED, and this action is dismissed without prejudice to Plaintiff's right to reopen it by paying the full $400.00 filing fee. The Report and Recommendation of the Magistrate Judge, dated December 17, 2015, hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 1/11/16. (rld) Staff Note: A copy of the Memorandum Order was mailed to Petitioner at his address of record via First-Class U.S. Mail.
March 14, 2017
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MEMORANDUM & ORDER. For the reasons stated in the Memorandum & Order filed herewith, Petitioner's "Motion to Vacate Judgment and Order of Dismissal and to Vacate Vexatious Litigant Order" (Doc. 19) is DENIED. Signed by Judge Cathy Bissoon on 3/14/2017. (kg)