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222866np-pdf•Aaron J. Bressi v. JOHN GEMBIC; MICHAEL TOOMEY; PETER KAY; and VINNY CLAUSI
222866np-pdfCourt of Appeals for the Third CircuitMay 24, 2023
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 22-2866
___________
AARON J. BRESSI,
Appellant
v.
JOHN GEMBIC; MICHAEL TOOMEY; PETER KAY; and VINNY CLAUSI
____________________________________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(M.D. Pa. Civ. No. 4:17-cv-01405)
District Judge: Honorable Matthew W. Brann
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
May 23, 2023
Before: JORDAN, CHUNG, and NYGAARD, Circuit Judges
(Opinion filed: May 24, 2023)
___________
OPINION*
___________
PER CURIAM
Proceeding pro se, Aaron Bressi filed a federal civil rights action against his
former employer and three participants in his prior criminal cases. The District Court
* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
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dismissed Bressi’s action under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). We
affirmed. See Bressi v. Gembic, 752 F. App’x 113, 115 (3d Cir. 2019) (per curiam).
Years later, Bressi filed motions in the District Court requesting permission to “refile” his
case. In denying the latest of the motions, the District Court determined that Bressi had
“failed to establish any basis to reopen this case.” Bressi now appeals that ruling. We
have appellate jurisdiction under 28 U.S.C. § 1291, and, agreeing with the District Court
that Bressi’s motion to “refile” was baseless, we will affirm the judgment below.
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