Richard Becker, Plaintiff-Appellant, v. Adams Drug Co., Inc., Nescott Drugs, Whelan Drugs and Brooks Drugs, Defendants- Appellees., 819 F.2d 32 (2nd Cir. 1987)

Federal Circuits, 2nd Cir. (May 13, 1987)

Docket number: 87-7070


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U.S. Court of Appeals for the 2nd Cir. - Notice: this Summary Order May Not Be Cited as Precedential Authority, But May Be Called To the Attention of the Court in a Subsequent Stage of this Case, in a Related Case, or in Any Case for Purposes of Collateral Estoppel or Res Judicata. See Second Circuit Rule 0.23. Calvin L. Shoemaker, Plaintiff-Appellant, v. State of California; New York State; City of New York; Cbs, Inc.; American Broadcasting Company, Inc. (Abc); Cable News Network, Inc. (Cnn); National Broadcasting Company, Inc. (Nbc), Defendants-Appellees., 101 F.3d 108 (2nd Cir. 1996)

U.S. Court of Appeals for the 7th Cir. - United States of America, Ex Rel. Todd Verdone, Pro Per, Plaintiff-Appellant, v. Circuit Court for Taylor County, Et Al., Defendants-Appellees. in the Matter of Todd Verdone, Petitioner., 73 F.3d 669 (7th Cir. 1995)

Text:

Richard Becker, pro se.

James R. Williams, New York City (Jackson, Lewis, Schnitzler & Krupman, Paul J. Siegel, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and KEARSE and WINTER, Circuit Judges.

PER CURIAM:

Richard Becker appeals from an order of the United States District Court for the Southern District of New York, Louis L. Stanton, J., dismissing his claims under the Age Discrimination in Employment Act, 29 U.S.C. Secs . 621 et seq., apparently for failure to state a claim upon which relief could be granted. Despite nearly three years of discovery in the case and repeated directions from the district court to file "a short and plain statement of the facts supporting [his] allegation," Becker failed to supply a comprehensible complaint, or indeed, "any facts supporting his allegation of age discrimination." The district court was wholly justified in dismissing the complaint. See Prezzi v. Schelter, 469 F.2d 691, 692 (2d Cir.1972) (per curiam), cert. denied, 411 U.S. 935 , 93 S.Ct. 1911, 36 L.Ed.2d 396 (1973).

Becker has filed numerous frivolous appeals with this court in the past, some of which, like this one, arose out of unsubstantiated claims of age discrimination. See, e.g., Becker v. Taco Bell, Inc., No. 85-7739 (2d Cir. Feb. 7, 1986). Since the beginning of 1986, appellant has been unsuccessful in at least ten appeals to this court. Appellant's prior frivolous filings have led this court to warn him that sanctions would be imposed, see, e.g., Becker v. Cassidy, No. 85-7709 (2d Cir. Feb. 27, 1986), to impose sanctions, see Becker v. Burger King Corp., No. 86-7779 (2d Cir. Mar. 20, 1987); Becker v. New York, No. 86-7914 (2d Cir. Mar. 3, 1987), and to prevent appellant from filing papers in a particular case until he paid the sanctions imposed, see Becker v. New York, No. 86-7914 (2d Cir. Mar. 30, 1987).

Accordingly, appellant is ordered to pay appellees double costs and the amount of $500 as "just damages" on this appeal. Fed.R.App.P. 38. Furthermore, the clerk of this court is directed to accept no further papers from appellant, who does not have in forma pauperis status in this court, on any matter until appellant provides the court with adequate proof of compliance with the sanctions imposed in this case and in the prior cases cited above. See Johl v. Johl, 788 F.2d 75, 76 (2d Cir.) (per curiam), cert. denied, --- U.S. ----, 107 S.Ct. 201, 93 L.Ed.2d 132 (1986); Schiff v. Simon & Schuster, Inc., 766 F.2d 61 (2d Cir.1985) (per curiam).

Judgment affirmed.1

1 Appellant's motion for stay and remand is denied

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