PAMELA K. CHEN, District Judge.
By Order entered January 11, 2012, the Honorable Sandra J. Feuerstein enjoined Plaintiff Aror Ark O'Diah ("Plaintiff") from filing any new actions in this Court without first seeking leave of the Court. See O'Diah v. Port Auth. of N.Y. & N.J., No. 05-CV-5297 (SJF) (LB), 2012 WL 113551, at *2 (E.D.N.Y. Jan. 11, 2012) (hereinafter, "the 1/11/12 Injunction Order"). Within 20 days of filing any new complaint, petition, or pleading in this Court, Plaintiff must file a motion for leave to commence the new action, setting forth the good faith basis for filing the action. Id. Failure to do so will result in dismissal of the action with prejudice and without further notice to Plaintiff. Id. Among other requirements, Plaintiff must also append a copy of the 1/11/12 Injunction Order to every complaint, petition, or pleading he seeks to file in any federal court. Id. at *3.
Disregarding the requirements of the 1/11/12 Injunction Order, Plaintiff filed the above-captioned pro se action in the United States District Court for the Northern District of California on February 14, 2019. (See Complaint ("Compl."), Dkt. 1.) Plaintiff failed to comply with the 1/11/12 Injunction Order in that he did not append a copy of that Order to his complaint. On March 15, 2019, the Honorable Elizabeth D. Laporte, United States Magistrate Judge, filed a Report and Recommendation, recommending dismissal of the complaint except to the extent that it could be construed as asserting a challenge to the Social Security Administration's ("SSA") determination that Plaintiff's disability began on September 27, 2016 rather than June 29, 2000. (Report and Recommendation ("R&R"), Dkt. 9, at 3.) Solely with respect to that claim, Magistrate Judge Laporte recommended that the action be transferred to this Court, as it would be the proper venue for a Social Security appeal by Plaintiff. (Id. at 3-4, 6 (noting that Plaintiff appears to reside in Brooklyn, New York).) On May 9, 2019, the Honorable William Alsup, United States District Court Judge for the Northern District of California, adopted Magistrate Judge Laporte's R&R and transferred the action to this Court. (Order Adopting R&R, Dkt. 20.)
On May 17, 2019, Plaintiff filed a motion pursuant to Rule 60 of the Federal Rules of Civil Procedure, seeking to vacate Judge Alsup's Order. (Notice of Motion to Vacate, Dkt. 24-2.) Plaintiff's motion was originally filed in the Northern District of California, but this Court received copies of Plaintiff's motion and supporting briefs on May 22, 2019. In summary, Plaintiff argues that Judge Alsup and Magistrate Judge Laporte acted corruptly and relied on misrepresentations when issuing their respective Orders. (Plaintiff's Memorandum of Fact, Dkt. 24-3.) The basis for this claim appears to be that Magistrate Judge Laporte "knew or should have known that JUDGES at the UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF NEW YORK did hire[] Hard Core Criminals to murder [Plaintiff] while [he] was illegally held in New York State Prison." (Id. at ECF
If Plaintiff wishes to proceed with this action, he must file a motion for leave to commence this action within twenty (20) days of this Order.
In order to facilitate the efficient response to and consideration of Plaintiff's Social Security appeal, Plaintiff shall also file an amended complaint within twenty (20) days of this Order. In the amended complaint, Plaintiff must name the Commissioner of the Social Security Administration as the Defendant in this action and attach a copy of the Commissioner's final decision denying benefits to which Plaintiff is allegedly entitled. If Plaintiff fails to file both a motion for leave to commence this action and an amended complaint that complies with this Order within the time allowed, this action will be dismissed with prejudice. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, and therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.