UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL

REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS

OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS

OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A

RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL

OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held

at the Thurgood Marshall United States Courthouse, at Foley Square, in the City of New

York, on the 11th day of May, two thousand and six.

PRESENT:

RA L P H K. WINTER

JOS É A. CABRANES

RE E N A RAGGI

Circuit Judges.

x

DENN IS LEE,

Plaintiff-Appellant,

-v.- No. 05-6255

CITY OF NEW YORK, ORANGE COUNTY, TOWN OF

CHESTER , VOLUNTEERS OF AMERICA, CITY COLLEGE OF

T H E CITY OF NEW YORK,

Defendants-Appellees.

x

APPEARING FOR PLAINTIFF: DENN IS LEE, Brooklyn, NY, pro se

APPEA RING FOR DEFENDANTS: JU L I E STEINER, Assistant Corporation Counsel

(Michael A. Cardozo, on the letter brief), Law

Department of the City of New York, New York,

NY, for the City of New York

JE F FR E Y A. KEHL, Kehl, Katzive & Simon, LLP, New York, NY, for Volunteers of America LA U R A WONG-PAN, Senior Assistant County Attorney (David L. Darwin, County Attorney, on the letter brief), Department of Law of the County of Orange, Goshen, NY, for County of Orange DA N I E L J. CHEPAITIS, Assistant Solicitor General (Eliot Spitzer, Attorney General, Michael Belohlavek, Senior Counsel, on the brief), Office of the Attorney General of the State of New York, New York, NYfor City College of the City University of New York PA U L E. SVENSSON, Boeggeman, George, Hodges & Corde, P.C., White Plains, NY, for Town of Chester On appeal from the United States District Court for the Southern District of New York (Richard C. Casey, Judge).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiff Dennis Lee appeals from a judgment of the District Court entered October 3, 2005, based on an opinion dated September 22, 2005, dismissing all of Lee's claims against all defendants, denying Lee's motion to recuse Magistrate Judge Kevin Nathaniel Fox, and enjoining Lee from filing any further actions raising "claims that are the same as or similar to the claims presented in the instant complaint without prior court approval." See Lee v. City of New York, No. 04 Civ. 2740, 2005 WL 2365320, at *3-*4 (S.D.N.Y. Sept. 22, 2005) (adopting report and recommendati on of Magistrate Judge).

We assume the parties' familiarity with the underlying facts and procedural history.

The record reflects that Lee is a profligate filer of pro se complaints eventually dismissed for failure to state a claim or for other, similar defects. See id. at *1 (collecting examples).

Nothing in the record suggests that the District Court erred in finding that Lee has yet again filed a complaint worthy of dismissal. The District Court's injunction should prevent needless further litigation--with its accompanying expense for the defendants--until such time as Lee presents the District Court with cause to grant him leave to file. See generally, e.g., In re Martin-Trigona, 737 F.2d 1254, 1264 (2d Cir. 1984) (affirming similar, broader, injunction imposing "leave to file" requireme nt upon serial filer of frivolous litigation).

We have considered all of Lee's arguments and found each of them to be without merit.

Substantially for the reasons articulated in the thoughtful opinion of the District Court and in the careful and comprehensive report and recommendation of Magistrate Judge Fox, the judgment of the District Court is AFFIRMED.

FOR THE COURT, Roseann B. MacKechnie, Clerk of Court By