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United States v. Paulk

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


June 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LEONARD PAULK, DEFENDANT.

The opinion of the court was delivered by: Freda L. Wolfson United States District Judge

ORDER

This matter having been brought before the Court by Kevin T. Smith, Assistant U.S. Attorney, moving by way of an Order to Show Cause to (1) dismiss all "filings" made by Defendant after the Mandate of the Court of Appeals for the Third Circuit affirming his case was issued; (2) enjoining Defendant from filing any further documents or papers with this Court unless through counsel; and (3) directing that the Clerk's Office for the District of New Jersey not accept for filing any papers received from Defendant, unless said papers were submitted by counsel; and (4) restraining Defendant from filing harassing communications to persons connected to Defendant's criminal case; it appearing that the Court held a hearing on the Order to Show Cause on June 22, 2010, at which hearing Defendant pro se appeared; it appearing that the Court has considered the Plaintiff's papers and the parties' arguments made at the hearing; it appearing that Defendant did not file any opposition papers; and the Court finding that Defendant's filings with this Court and mailings to Assistant U.S. Attorney Kevin T. Smith were of a vexatious and harassing nature as those terms are defined by the All Writs Act, 28 U.S.C. § 1651, and accompanying case law; and for the reasons stated on the record at the hearing, and for good cause shown,

It is on this 22nd day of June, 2010,

ORDERED that the following filings submitted by Defendant are hereby stricken from the record: Docket Entry Nos. 455, 457, 459, 460, and 462; and it is further

ORDERED that, while Defendant may file papers through counsel, Defendant is BARRED AND ENJOINED from filing any document or pleading of any kind with the Court as a pro se plaintiff, unless the leave-to-file procedures hereinafter described in the below All Writs Injunction Order are satisfied:

ALL WRITS INJUNCTION ORDER

ORDERED that, pursuant to 28 U.S.C. § 1651(a), Defendant is barred and enjoined from filing any document or pleading of any kind with the Court as a pro se litigant, unless he (1) first seeks leave of the Court granting him written permission to file any such document or pleading and (2) a Judge of the Court grants Plaintiff leave to file such document or pleading; and it is further

ORDERED that Defendant shall include with any proposed filing undertaken in his capacity as a pro se plaintiff a certification taken under oath stating: (1) that the document to be filed is not frivolous or vexatious, nor repetitive or violative of a court order, (2) that all claims presented have never been raised in this Court before and disposed of on the merits (3) that the proposed filing can survive a challenge under Fed.R.Civ.P. 12, (4) that, to the extent such document is a complaint, all facts alleged therein are believed to be true by Plaintiff, (5) that Defendant has no knowledge or belief that his claims are for any reason foreclosed by controlling law, and (6) that, to the extent the filing is a complaint or petition, the pleading is in compliance with Fed.R.Civ.P. 11; and it is further

ORDERED that, other than in accordance with the terms of this Order, Defendant shall not mail, or contact through any mode of communication, Assistant U.S. Attorney Kevin T. Smith or any other representative of the United States Attorney's Office, any representative of the federal court system, or representative of the United States government; and it is further

ORDERED that Defendant shall not mail, or contact through any mode of communication, any government body, such as the Internal Revenue Service, or representative thereof, regarding any parties, government officials, judges, or attorneys involved with or related to Defendant's criminal case in any way; and it is further

ORDERED that the Clerk of the Court shall mail a copy of this Order to the Bureau of Prisons; and it is further

ORDERED that the Clerk of the Court shall not accept for filing any document or pleading of any kind submitted by or on behalf of Plaintiff in his capacity as a plaintiff appearing pro se, except where a Judge of the Court has first directed that the document or pleading be filed, or the papers seek to appeal the All Writs Injunction Order or to notify the Court of appellate action.

SO ORDERED.

20100622

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