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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

SHANE CHRISTOPHER BUCZEK,

Plaintiff,

v. 09-CV-1129S

ANTHONY BRUCE, et. al.,

Defendants.

NOTICE OF MOTION

PLEASE TAKE NOTICE, that defendants, by their attorneys,

William J. Hochul, Jr., United States Attorney for the Western

District of New York, and Michael S. Cerrone, Assistant United

States Attorney, hereby move this Court for an Order: (i) pursuant

to Fed. R. Civ. P. 7(a), 8(a), 12(b)(6), 12(c), and 12(f),

dismissing and striking plaintiff’s Notice of Felony Complaint

(docket # 11) and any exhibits thereto filed with the Clerk’s

Office; (ii) pursuant to this Court’s inherent power, declaring

plaintiff a vexatious litigant and prohibiting plaintiff from

filing any documents with the Clerk or Court in this action without

prior approval from the Court; (iii) pursuant to this Court’s

inherent power, declaring plaintiff a vexatious litigant and

prohibiting plaintiff from filing any further lawsuits in federal

court against the United States or any of its officers or employees

without prior approval from the Court; and (iv) for such other and

further relief as the Court may deem just or proper. Defendants’


motion is supported by the accompanying Declaration of Michael S.

Cerrone, Esq., dated May 7, 2010.

PLEASE TAKE NOTICE THAT the motion will be heard at the United

States Courthouse, 68 Court Street, Buffalo, New York at a date and

time to be set by the Court.

DATED: Buffalo, New York, May 7, 2010.

WILLIAM J. HOCHUL, JR.


United States Attorney

BY: /S/MICHAEL S. CERRONE


Assistant U.S. Attorney
U.S. Attorney’s Office
Western District of New York
138 Delaware Avenue
Buffalo, New York 14202
(716)843-5851
michael.cerrone@usdoj.gov

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

SHANE CHRISTOPHER BUCZEK,

Plaintiff,

v. 09-CV-1129S

ANTHONY BRUCE, et. al.,

Defendants.

CERTIFICATE OF SERVICE

I hereby certify that on May 7, 2010, I electronically filed


the foregoing NOTICE OF MOTION, with the Clerk of the District
Court using its CM/ECF system.

I hereby certify that on May 7, 2010, I mailed the foregoing


NOTICE OF MOTION, to the following non-CM/ECF participant:

Shane C. Buczek
7335 Derby Road
Derby, New York 14047

/S/MARQUITTA WHITEHEAD
Legal Assistant

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