Free Order - District Court of Delaware - Delaware

Case 1:O8—cv—OO147-JJF Document 4 Filed O4/29/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, MOSES H. AWALA, :
and DORCAS C. BROWN, :
Plaintiff, :
v. : Civil Action No. 08-147-JJF
CHIEF JUDGE KIMBA M. WOOD, :
ATTORNEY GENERAL MICHAEL B. :
MUKASEY, CIRCUIT JUDGE :
ROSEMARY S. POOLER, CIRCUIT :
JUDGE CHESTER J. STRAUB, :
DISTRICT JUDGE GREGORY M. :
SLEET, CHIEF JUDGE ANTHONY J. :
SCIRICA, CIRCUIT JUDGE KENT :
A. JORDAN, and U.S. ATTORNEY :
COLM F. CONNOLY, :
Defendants. :
RULE TO SHOW CAUSE
Plaintiff Gbeke Awala (“Plaintiff”), an inmate at U.S.
Penitentiary Cannaan, Waymart, Pennsylvania, has filed numerous
lawsuits that contain frivolous legal arguments and that are
vexatious and abusive of the judicial process. These lawsuits
relate to his underlying criminal conviction in this District for
re—entry after deportation following a conviction for an
aggravated felony pursuant to 8 U.S.C. § 1326 (a) and (b)(2).
United States v. Awala, CriminalNo. O4—90—JJF (D. Del.)1 The
1The criminal case was tried in this District before the
Honorable Kent A. Jordan prior to the time he was elevated to the
United States Court of Appeals for the Third Circuit. The
criminal case was reassigned first to District Judge Sue L.
Robinson and then to Judge Joseph J. Farnan, Jr.

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United States Court of Appeals for the Third Circuit affirmed his
judgment of conviction on direct appeal. United States v. Awala,
No. 06-2718 (3d Cir. Jan. 11, 2008)
Including this most recent lawsuit, since February 17, 2005,
Plaintiff has filed twenty—one lawsuits in this District all
related to his underlying criminal conviction. The Complaints
make reference to circumstances surrounding Plaintiff’s criminal
conviction. Indeed, unhappy with rulings made in the criminal
case and subsequent civil filings, Plaintiff began filing
lawsuits against anyone involved in the cases, as well as others
having contact with the cases, including repeated lawsuits
against federal district and appellate judges, as well as supreme
court justices, federal prosecutors, private defense counsel,
federal agencies, and other federal officials. This most current
lawsuit is filed against circuit and district court judges as
well as a U.S. Attorney.2
Plaintiff has filed many lawsuits in other Appellate and
District Courts. Because more than three of his lawsuits were
dismissed as frivolous, malicious, or failed to state a claim
upon which relief may be granted, he is frequently denied leave
to proceed in fgrma pauperis, and since May 30, 2006, has been
2In addition to Plaintiff, also named as Plaintiffs in the
present Complaint are Moses H. Awala and Dorcas C. Brown. Moses
H. Awala and Dorcas C. Brown, however, did not sign the
Complaint.
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Case 1:08—cv—O0147-JJF Document 4 Filed 04/29/2008 Page 3 of 4
ordered to pay the required filing fee on numerous occasions.
See 28 U.S.C. § 1915(g) (inmate required to pay filing fee when
he has three or more times in the past, while incarcerated,
brought a civil action or appeal in federal court that was
dismissed as frivolous, malicious, or for failure to state a
claim upon which relief may be granted); Awala v. U.S. Dep’t of
State Int’l Child Abduction, Civ. Action No. 05—cv—368—KAJ, D.I.
11 (D. Del. 2005). Plaintiff has yet to pay any filing fee.
To date Plaintiff has filed the following lawsuits, all
related to his underlying criminal conviction:
05-cv—097—KAJ Awala v. Koyste, (D. Del. 2005), filed February
17, 2005, dismissed as frivolous March 3, 2006.
05-cv—281-KAJ Awala v. Federal Pub. Defender, filed May 9, 2005,
dismissed as frivolous August 4, 2005.
05-cv—368-KAJ Awala v. U.S. Dep’t of State Int’l Child
Abduction, filed June 7, 2005, dismissed for
failure to pay filing fee August 16, 2006.
05—cv—472—KAJ Awala v. Stretton, filed July 6, 2005, dismissed
for failure to pay filing fee January 13, 2006.
05-cv—783—GMS Awala v. Jordan, filed November 10, 2005,
voluntary dismissal March 31, 2006.
05—cv—917—KAJ Awala v. Anderson, filed December 28, 2005,
dismissed for failure to pay filing fee May 15,
2006.
06-cv-012-KAJ Awala v. 8 U.S.C. Section 1326, filed January 4,
2006, dismissed as frivolous March 17, 2006.
06·cv—248—KAJ Awala v. Gonzalez, filed April 14, 2006, dismissed
for failure to pay filing fee July 25, 2006.
06-cv—361-JJF Awala v. Grand Jury for Dist. of Delaware, filed
May 30, 2006, dismissed for failure to pay filing
fee May 22, 2007.
06·cv—590—SLR Awala v. Durkin, filed September 22, 2006,
dismissed for failure to pay filing fee March 29,
2007.
07—cv—061-GMS Awala v. Robinson, filed January 29, 2007,
dismissed for failure to pay filing fee March 22,
2007.
07-cv—109-GMS Awala v. United States Mission to the United
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Nations, filed February 22, 2007, dismissed for
failure to pay filing fee May 11, 2007.
07—cv—110—SLR Awala v. U.S. Attorney's Office Delaware, filed
February 22, 2007, closed 10/22/07.
07—cv—124—JJF Awala v. Director of Administrative Office of
United States Courts, filed February 28, 2007,
dismissed for failure to pay filing fee December
5, 2007.
07—cv—173-GMS Awala v. Dalleo, filed March 23, 2007, dismissed
for failure to pay filing fee December 17, 2007.
07—cv—531-SLR Awala v. Roberts, filed September 4, 2007,
dismissed for failure to pay filing fee February
1, 2008.
07-cv—689-JJF Awala v. McKee, filed November 1, 2007.
07-cv—750—GMS Awala v. Alito, filed November 21, 2007.
07-cv—848—GMS Awala v. Barkett, filed December 28, 2007.
08-cv—077—GMS Awala v. Hardiman, filed February 6, 2008.
08-cv—147-JJF Awala v. Wood, filed March 12, 2008.
THEREFORE, Plaintiff Gbeke M. Awala is hereby ORDERED to
show cause, in writing, on or before June 18, 2008, why he should
not be enjoined from filing, without prior authorization of the
Court, any complaint, lawsuit, or petition for writ of mandamus,
related to his underlying criminal case (with the exception of a
§ 2255 motion) or any other related cases, including, but not
limited to actions against the district or appellate judges,
supreme court justices, federal officials or employees, defense
counsel, or any entity with any possible connection to
Plaintiff’s criminal conviction.
E DATE I STAE§E ISTRICTzE§£gGE
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