Tomas Zavalidroga v. United States District Court for the Northern District of New York
DueProcess
Whether the First and Fourteenth Amendments of the United States Constitution and the International Covenant on Civil and Political Rights (ICCPR) prohibit a U.S. district court from summarily barring a pro se litigant from freely filing claims in the district court without prior approval
QUESTION PRESENTED . Whether the First and Fourteenth Amendments of the United States Constitution and the International Covenant on Civil and Political Rights (ICCPR) prohibit a U.S. district court from summarily barring a pro se litigant from freely filing claims in the district court without prior approval | : of the court itself. . | |! : | | | , JURISDICTION The jurisdiction of this court is invoked under 28 USC 1254(1). OPINIONS BELOW On January 16, 2020, Judge Glenn T. Suddaby, Chief Justice of the New York Northern District Federal Court initiated action by issuing an Order to Show Cause proposing the barring of all future filings of Tomas Zavalidroga in the Northern District federal courts. On February 26, 2020, Judge Suddaby issued a pre-filing Order formally barring Tomas Zavalidroga from all future filings in the Northern District courts without prior permission and review of the Chief Judge, Suddaby or his assistants. This Order was appealed to the Second Circuit Court of Appeals, which affimed the District Court Order. On October 15, 2020, The 2™ Circuit issued a final order, denying the Petetioner’s request for en banc rehearing. | RELEVANT STATUTORY PROVISIONS This petition is taken pursuant to the authority of the 1* and 14" Amendments of the U.S. Constitution and the International Covenant on Civil and Political Rights ( ICCPR), which is an international treaty to which the United States is party ( ratified by Congress in 1992.)