Aaron Bressi v. John Gembic

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 22-2866 ___________ AARON J. BRESSI, Appellant v. JOHN GEMBIC; MICHAEL TOOMEY; PETER KAY; and VINNY CLAUSI ____________________________________ On Appeal from the United States District Court for the Middle District of Pennsylvania (M.D. Pa. Civ. No. 4:17-cv-01405) District Judge: Honorable Matthew W. Brann ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) May 23, 2023 Before: JORDAN, CHUNG, and NYGAARD, Circuit Judges (Opinion filed: May 24, 2023) ___________ OPINION * ___________ PER CURIAM Proceeding pro se, Aaron Bressi filed a federal civil rights action against his former employer and three participants in his prior criminal cases. The District Court * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. dismissed Bressi’s action under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). We affirmed. See Bressi v. Gembic, 752 F. App’x 113, 115 (3d Cir. 2019) (per curiam). Years later, Bressi filed motions in the District Court requesting permission to “refile” his case. In denying the latest of the motions, the District Court determined that Bressi had “failed to establish any basis to reopen this case.” Bressi now appeals that ruling. We have appellate jurisdiction under 28 U.S.C. § 1291, and, agreeing with the District Court that Bressi’s motion to “refile” was baseless, we will affirm the judgment below. 2