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81 F. App'x 378

Percesepe v. DeVita

U.S. Courts of Appeals

Decided November 21, 2003

U.S. Courts of Appeals · decided 2003-11-21

Applies 28 U.S.C. § 455

Relies on United States v. Lovaglia · Abdullah v. Gatto · Belliveau v. Stevenson

Decided 2003-11-21

¶1 SUMMARY ORDER

¶2This appeal involves two of several serial lawsuits stemming from the New York State Department of Labor’s denial of Edward Percesepe’s 1994 application for a crane operator’s license. Familiarity is assumed as to the facts, the procedural context, and the specification of appellate issues.

¶3This Court reviews de novo a district court’s dismissal for failure to state a claim. E.g., Belliveau v. Stevenson, 123 F.3d 107, 108 (2d Cir.1997). In docket number 02-7935, dismissal is affirmed for substantially the reasons stated by the district court.

¶4We review for abuse of discretion a district court’s denial of a recusal motion pursuant to 28 U.S.C. § 455(a), e.g., United States v. Lovaglia, 954 F.2d 811, 815 (2d Cir.1992), and imposition of an injunction limiting a litigant’s future access to the courts, e.g., Abdullah v. Gatto, 773 F.2d 487, 488 (2d Cir.1985). We see no abuse of discretion in the district court’s indulgent consideration of Percesepe’s lawsuits.

¶5*379As to docket number 02-9074, we affirm dismissal per the stipulation that conceded dismissal of this lawsuit if docket number 02-7935 is dismissed.

¶6The judgments of the district court are hereby AFFIRMED.

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