Futia v. Roberts
- Vincent Briccetti
- 7:23-cv-01774
- U.S. District Court · Southern District of New York
- 1
In Futia v. Roberts, Judge Briccetti denied Futia’s demand and ordered him to explain why a financial sanction should not be imposed.
The order directly affects Anthony J. Futia, Jr., whose request was denied and who was ordered to explain why a financial sanction should not be imposed and to provide a current personal financial statement.
What happened
In Futia v. Roberts, Anthony J. Futia, Jr., who was representing himself, asked the court to require court officers and government-agent defendants to file copies of their oaths, bonds, and financial information.
The court denied that request, finding that it was frivolous because no law supported the relief sought. The court also said Futia had violated earlier orders against repetitive or frivolous filings and required him to explain in writing by October 26, 2023, why a financial sanction should not be imposed.
Judge Briccetti further required Futia’s submission to include an accurate, current personal financial statement. The court stated that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.
The detailed version
- Futia v. Roberts · No. 7:23-cv-01774
- Vincent Briccetti
- Oct. 12, 2023
Background
Anthony J. Futia, Jr., proceeding without a lawyer, filed a document titled “2nd Demand for Oaths & Bonds.” He asked the court to require all court officers and any defendant who was a government agent to file copies of their oaths, bonds, and financial information.
Ruling on the Request
The court denied Futia’s request. It found that the requested relief was not grounded in any law and therefore was frivolous.
The court noted that an August 8, 2023, order had warned Futia that representing himself did not permit repetitive or frivolous filings and had specifically directed him to stop filing them. The court also said it had warned him twice before that continued conduct could result in sanctions under the court’s inherent authority or Rule 11(c) of the Federal Rules of Civil Procedure. The court described Futia as a sophisticated, experienced litigant capable of understanding and following its orders.
Order to Show Cause and Appeal Status
The court ordered Futia to show cause in writing by October 26, 2023, why it should not impose an appropriate financial sanction for deliberately violating court orders. His written submission had to include an accurate and current personal financial statement.
Judge Vincent L. Briccetti certified that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without paying the filing fees. The order also directed chambers to mail a copy to Futia at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.