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SAP U. BOBBI v. HARRY DOLE

MEMORANDUM ORDER

JAMES McGIRR KELLY, Judge.

Presently before the Court is a Motion to Proceed In Forma Pauperis filed by the Plaintiff, Sap U. Bobbi. ("Bobbi"). The present matter is the most recent of four cases Bobbi has filed against the current Defendant, Harry Dole ("Dole"), and a former Defendant, William Henderson ("Henderson"). All four actions stem from events related to Bobbi's June, 1999 dismissal from the United States Post Office for allegedly stealing an Indian national newspaper not addressed to him. Dole was Bobbi's supervisor at the time.

All four cases filed by Bobbi allege the same facts. In the action filed against Henderson, which was docketed at 00-1604, Bobbi alleged discrimination based on national origin and race. In Bobbi's first action against Dole, which was docketed at 00-4989, Bobbi alleged that the consequences of his discharge from the USPS have effectively prevented him from finding new employment. In the second action against Dole, which was docketed at 00-6325, Bobbi alleged nothing; the Complaint was never filled out and the attachments are essentially duplicates of attachments enclosed with previous Complaints. In the instant matter against Dole, which was docketed at 01-2030, Bobbi again alleges racial and national origin discrimination. Bobbi also suggests that his rights under the First Amendment to the United States Constitution were violated when a co-worker referred to him as "Slap U. Bobbi" rather than Sap U. Bobbi. Finally, Bobbi mentions that someone at work referred to him as blind, ostensibly because he suffered from cataracts, but does not appear to formally bring suit against Dole for disability discrimination.

With regard to the first case filed by Bobbi, the Court entered summary judgment in favor of Henderson because Bobbi's claim was time-barred. For the purposes of this Memorandum Order, the Court takes no position on whether Bobbi's more recent claims are similarly time-barred.

Thus, all four of Bobbi's cases against Henderson or Dole allege the same facts. The most recent claim, because it is merely a reassertion of facts alleged in previous Complaints, is wholly frivolous under 28 U.S.S. § 1915(e)(2). At this juncture, Bobbi could not possibly allege anything new or of particular relevance. Accordingly, pursuant to the Court's powers under the All Writs Act, 28 U.S.C. § 1651 ("[A]ll courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."), it is ORDERED that:

Bobbi's Motion to Proceed In Forma Pauperis (Doc. No. 1) is DENIED.
Bobbi is ENJOINED from filing further complaints against Dole, Henderson, or any other individuals or agencies for acts already alleged in any of his prior Complaints filed with this Court. Bobbi is advised that ignoring this Order could subject him to possible sanctions for abuse of process.
The Clerk of Court for the United States District Court for the Eastern District of Pennsylvania is DIRECTED to refrain from filing or causing to be filed any complaint or other paper from Bobbi without first forwarding it to this Court, which will review said document in order to determine whether it too is related to previous cases filed by Bobbi.

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BOBBI v. DOLE
(Apr 1, 2001)