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Civil Rights: Other | New York Southern
Mailing Receipt
MAILING RECEIPT: Document No: 42. Mailed to: Maria Fabia Simonetti P.O. Box 170072 Brooklyn, NY 11217-0072. (kgo)
Order
ORDER denying 38 Motion. Accordingly, Ms. Simonetti's request for sanctions under the Court's inherent power is also denied. While the Court is ve1y sympathetic to Ms. Simonetti's difficulties related to her child custody battle, n othing in her motion, nor any of her previous filings, changes the fundamental fact that this Court lacks subject matter jurisdiction to adjudicate her claims and thus is without power to assist her. Although Ms. Simonetti is proceeding pro se, co urts "should not excuse frivolous or vexatious filings by pro se litigants," nor does prose status "exempt a pa1ty from compliance with relevant rules of procedural and substantive law." Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 477 (2d Cir. 2006) (per curiam). Accordingly, Ms. Simonetti is advised that continued frivolous filings may warrant sanctions, including designation as a "vexatious litigant" or a filing bar. The Clerk of Court is respectfully directed to terminate Dkt. No. 38. SO ORDERED. (Signed by Judge Margaret M. Garnett on 7/9/2026) (mml)
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