2005 | Cited 0 times | D. Rhode Island | December 7, 2005


This matter is before the Court on plaintiff1 JamesMarcello's (James) application to proceed without prepayment offees. This is James' second attempt to take an appeal in formapauperis. See Memorandum and Order dated October 31, 2005.

In this application, James attempts again to take an appealfrom an interlocutory order. For the reasons set forth in thisCourt's October 31, 2005 Memorandum and Order, this applicationis likewise denied.

Plaintiffs James and Olivia have been afforded great latitudebecause of their pro se status. With this second application toproceed in forma pauperis, however, and taking into account thenumerous baseless filings made by plaintiffs in this case, itappears that plaintiffs have abused their right of access to theCourt. For that reason, this Court hereby orders plaintiffs Jamesand Olivia Marcello to refrain from filing any additional motionsuntil this Court has disposed of all pending motions. A failureto comply with this order will result in the Court imposingsanctions which may include dismissal of this action with prejudice.


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