Opinion
97 Civ. 7666 (LAK)
September 19, 2002
ORDER
The plaintiff brought this employment action in 1997 and proceeded to trial in November 1999. Plaintiff failed to appear for continuation of the trial. The case was dismissed with prejudice for failure to prosecute and for fraud against the Court. Judgment was entered on November 5, 1999.
Subsequent to the entry of judgment, plaintiff intermittently has bombarded the court with correspondence. On March 10, 2000, the Court entered an order directing plaintiff to cease sending correspondence and other materials to the Court and directing that any application for relief be made by motion, duly served on the adversaries with the original filed with the Clerk. Plaintiff nevertheless resumed his letter writing campaign.
By order dated February 6, 2002, the Court called plaintiff's attention to the fact that his letters were sent in flat violation of the March 10, 2000 order. It specifically warned that any further violations of the order might result in the commencement of contempt proceedings against the plaintiff, which could result in the imposition of a prison sentence or other sanctions. This order was sent to plaintiff by certified mail, return receipt requested, and the docket sheet indicates that the receipt was received in due course.
Plaintiff has resumed the writing of letters in violation of the Court's orders. Plaintiff is hereby warned again that any further violation is likely to result in the commencement of criminal contempt of court proceedings against him which may result in the imposition of a term of imprisonment and other sanctions. The Clerk is directed to have the United States Marshal serve plaintiff personally with a copy of this order and file proof of service.
SO ORDERED.