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Buczek 20100507 AUSA Moves to Strike Criminal Complaint 1129

Buczek 20100507 AUSA Moves to Strike Criminal Complaint 1129

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Published by Bob Hurt
Bob Hurt presents Shane Buczek's dramatic court ordeal.
Bob Hurt presents Shane Buczek's dramatic court ordeal.

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Published by: Bob Hurt on Oct 27, 2010
Copyright:Attribution Non-commercial

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10/27/2010

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
SHANE CHRISTOPHER BUCZEK,
Plaintiff,
v.
09-CV-1129S
ANTHONY BRUCE, et. al.,
Defendants.
NOTICE OF MOTION
PLEASE TAKE NOTICE, that defendants, by their attorneys,
William J. Hochul, Jr., United States Attorney for the Western
District of New York, and Michael S. Cerrone, Assistant United
States Attorney, hereby move this Court for an Order: (i) pursuant
to Fed. R. Civ. P. 7(a), 8(a), 12(b)(6), 12(c), and 12(f),
dismissing and striking plaintiff’s Notice of Felony Complaint
(docket # 11) and any exhibits thereto filed with the Clerk’s
Office; (ii) pursuant to this Court’s inherent power, declaring
plaintiff a vexatious litigant and prohibiting plaintiff from
filing any documents with the Clerk or Court in this action without
prior approval from the Court; (iii) pursuant to this Court’s
inherent power, declaring plaintiff a vexatious litigant and
prohibiting plaintiff from filing any further lawsuits in federal
court against the United States or any of its officers or employees
without prior approval from the Court; and (iv) for such other and
further relief as the Court may deem just or proper. Defendants’
-2-
motion is supported by the accompanying Declaration of Michael S.
Cerrone, Esq., dated May 7, 2010.
PLEASE TAKE NOTICE THAT the motion will be heard at the United
States Courthouse, 68 Court Street, Buffalo, New York at a date and
time to be set by the Court.
DATED: Buffalo, New York, May 7, 2010.
WILLIAM J. HOCHUL, JR.
United States Attorney
BY: /S/MICHAEL S. CERRONE
Assistant U.S. Attorney
U.S. Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716)843-5851
michael.cerrone@usdoj.gov

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