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`Case 1:07-cv-00725-WMS Document 7 Filed 12/19/07 Page 1 of 4
`Case 1:07—cv—00725—WMS Document 7 Filed 12/19/07 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT or NEW YORK
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`LISA COLLINS.
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`Plaintiff,
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`-v—
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`VICE PRESIDENT DICK CHENEY, et al.,
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`Defendants.
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`__
`"_
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`is ., ..
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`DECISION AND ORDER
`07-cv—o725s
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`By Order entered December 5, 2007(Docket No. 4), incorporated by
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`reference herein, this Court dismissed with prejudice plaintiff Lisa Co||ins’s
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`complaint pursuant to 28 U.S.C. § 1915(e)(2)(B).
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`in addition, the Court ordered
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`that plaintiff show cause by December 31, 2007, why the Court should not
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`impose, for the reasons set forth in the Court’s Order, the sanction enumerated
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`therein, specifically that Collins be barred from filing any further pro se actions
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`without first obtaining the permission of the Court to do so. The Court's Order
`advised Collins that her failure to show cause why the sanction set forth in the
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`Court’s Order should not be imposed would result in the imposition of said
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`sanction.
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`Collins submitted a “response" on December 10, 2007 (Docket No. 6), but
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`it fails to address in any sensible or meaningful way why the sanction set forth in
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`the Court’s Order of December 5, 2007 should not be imposed. Accordingly, this
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`Case 1:07-cv-00725-WMS Document 7 Filed 12/19/07 Page 2 of 4
`Case 1:O7—cv—OO725—WMS Document 7 Filed 12/19/07 Page 2 of 4
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`Court reaffirms the Order entered December 5, 2007, and imposes upon Collins
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`the sanction described therein. (Docket No. 4).
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`CONCLUSION AND ORDER
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`For the reasons discussed in the Court’s Order entered December 5, 2007
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`(Docket No. 4), the Court finds that the sanction enumerated therein, which is
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`based upon the Court’s inherent authority and Fed. R. Civ. P. 11, is warranted
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`and are hereby imposed upon plaintiff Lisa Collins.
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`The Court also hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that
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`any appeal from this judgment would not be taken in good faith and therefore
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`denies leave to appeal as a poor person. Coppedge v. United States, 369 U.S.
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`438 (1962).
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`Petitioner must file any notice of appeal with the Clerk's Office, United
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`States District Court, Western District of New York, within thirty (30) days of the
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`date of entry of this Order in this action. Requests to proceed on appeal as a
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`poor person must be filed with the United States Court of Appeals for the Second
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`Circuit in accordance with the requirements of Rule 24 of the Federal Rules of
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`Appellate Procedure.
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`lT IS HEREBY ORDERED that Lisa Collins is barred from filing any further
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`pro se actions in this Court without first obtaining permission from the Court to do
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`80;
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`Case 1:07-cv-00725-WMS Document 7 Filed 12/19/07 Page 3 of 4
`Case 1:O7—cv—OO725—WMS Document 7 Filed 12/19/07 Page 3 of 4
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`FURTHER, that the Clerk of the Court is directed not to file any future
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`(“new”) actions, of any type, submitted by Collins until the Court has determined
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`whether it has jurisdiction over the claims; the allegations in fact are warranted by
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`existing law or by a nonfrivolous argument for the extension, modification, or
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`reversal of existing law or the establishment of new law; or the action is not
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`frivolous, baseless, repetitious, vexatious or not filed simply to annoy or harass.
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`‘If the Court determines that the submission should be accepted for filing, the
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`Court will so direct.
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`In the event a future complaint or action is determined to be
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`insufficient for lack of subject matter jurisdiction, or to be othenivise frivolous,
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`baseless, repetitious, vexatious or filed simply to annoy or harass, as defined
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`above, the complaint shall be dismissed with prejudice by summary Order citing
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`to this Order. Only upon a determination that a future or new action may go
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`fonivard shall the Court direct the Clerk of the Court to cause the United States
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`Marshals Service to serve the defendants or to issue summonses. Unless and
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`until the Court enters an Order directing the Clerk of the Court to cause the
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`United States Marshals Service to serve a summons and complaint on the
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`defendants or to issue summonses, no defendant shall be required to answer or
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`otherwise respond;
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`FURTHER, that this injunction against the filing of any future or new
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`actions in this Court is to be equally applied to any future or new actions
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`transferred to this from another Court, and if the transferred in action would not
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`Case 1:07-cv-00725-WMS Document 7 Filed 12/19/07 Page 4 of 4
`Case 1:07—cv—00725—WMS Document 7 Filed 12/19/07 Page 4 of 4
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`have been filed here under the conditions set forth in this Order, it too shall be
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`subject to a summary order of dismissal after preliminary review by the Court;
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`and
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`FURTHER, that leave to appeal from this Order to the Court of Appeals as
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`a poor person is denied.
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`IT IS SO ORDERED.
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`CHIEF JU
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`RI HARD J. ARCARA
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`UNITED STATES DISTRICT COURT
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