Bitton v. H.S.B.C.

Civil Practice

, New York Law Journal


Judge James d'Auguste

Attorney General (AG) moved for summary judgment dismissing the pro se plaintiffs' complaint. Plaintiffs applied for 47 subpoenas addressed to potential recipients, including the Israeli Prime Minister. Plaintiffs' assertions, "cloaked in a putative massive conspiracy purportedly perpetrated by state and federal law enforcement," among numerous others, claimed various harms resulting from the conspiracy, including stolen identities and government experimentation. Plaintiffs moved for an order directing the court system to "determine who is Bitton…in the State of New York." The court noted plaintiffs have not submitted any evidence showing the AG's participation in this alleged conspiracy or any cognizable loss to them perpetrated by the AG. They also have not demonstrated a basis for an order directing the State Unified Court System to judicially determine their identities. The court declined to grant plaintiffs' application for 47 subpoenas, which sought to supplement the numerous clerk-endorsed subpoenas they already secured and served. The court ruled plaintiffs "crossed the threshold necessitating the construction of the…gatekeeper mechanism," enjoining them from filing new pro se actions without prior court approval.

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