Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
10-28-2005
Azubuko v. MA State Pol
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-2749
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Recommended Citation
"Azubuko v. MA State Pol" (2005). 2005 Decisions. Paper 318.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/318
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HPS-157 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 05-2749
________________
CHUKWUMA E. AZUBUKO,
Appellant
vs.
MASSACHUSETTS’ STATE POLICE
____________________________________
On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. Civ. No. 04-4176)
District Judge: Honorable R. Barclay Surrick
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)
September 23, 2005
Before: SCIRICA, Chief Judge, WEIS and GARTH, Circuit Judges
Filed October 28, 2005
_______________________
OPINION
_______________________
PER CURIAM.
Chukwuma E. Azubuko appeals the District Court’s denial of his request
for a hearing by a three-judge panel of the district court. Because he sets forth no legal
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basis for such a hearing, we will dismiss his appeal as legally frivolous.
On September 2, 2004, Azubuko filed a Motion to Proceed In Forma
Pauperis in the United States District Court for the Eastern District of Pennsylvania. In a
written opinion filed on November 11, the District Court denied Azubuko’s request to
proceed in forma pauperis, and went on to observe that even if the motion had been
granted, Azubuko’s Complaint alleging civil rights violations by the Massachusetts State
Police would nonetheless be dismissed for failure to state a claim upon which relief could
be granted, lack of personal jurisdiction, and/or improper venue.1 Azubuko filed a motion
for reconsideration on December 1, 2004, which the Court denied on April 1, 2005. This
was followed by a motion for a hearing by a three-judge court, filed on April 11, which
was denied on May 12. On May 26, Azubuko timely filed a Notice of Appeal from the
District Court’s May 12 Order.
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.
Because Azubuko has been granted in forma pauperis status pursuant to 28 U.S.C. §
1915, we must first review this appeal for possible dismissal pursuant to 28 U.S.C. §
1915(e)(2)(B). An appeal may be dismissed as frivolous if it has no arguable basis in law
or fact. Neitzke v. Williams, 490 U.S. 319, 325, 109 S. Ct. 1827, 1831-32, 104 L. Ed. 2d
338 (1989). Azubuko appeals the District Court’s denial of his request for a hearing by a
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The Court also noted that Azubuko has filed numerous frivolous
complaints in various state and federal courts over the past ten years, despite a warning
from the Second Circuit in 2000 that future frivolous filings could result in sanctions.
2
three-judge panel of the District Court. In his motion, Azubuko cites no authority
providing a basis for a hearing by a three-judge panel under the circumstances present in
his case, and we are aware of none. As there is no legal basis for such a hearing, his
appeal lacks an arguable basis in law, and accordingly, it will be dismissed pursuant to
28 U.S.C. § 1915(e)(2)(B).
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