UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LUCIO CELLI, Plaintiff, v. Case No. 21-cv-3359 (CRC) RANDI WEINGARTEN, et al., Defendants. MEMORANDUM OPINION Public school teacher Lucio Celli, proceeding pro se, filed this action raising challenges to his criminal conviction in the U.S. District Court for the Eastern District of New York, as well as claims related to his pending tenure proceedings before the New York City Department of Education (“DOE”). He names more than twenty individual defendants, including Randi Weingarten, the President of the American Federation of Teachers; several federal judges who have presided over his past criminal and civil cases; current and former mayors of New York City; and other federal officials and entities, including President Biden, Senator Charles E. Schumer, and various Senate committees. The Court will dismiss this action sua sponte because Celli’s claims either do not fall within the Court’s subject matter jurisdiction or plainly fail to state a claim on which relief can be granted. I. Background A. Prior litigation Beginning in 2015, plaintiff Lucio Celli was involved in a series of civil cases in the Eastern District of New York (“EDNY”) related to his employment with the DOE. See, e.g., Celli v. Cole, No. 15-cv-3679 (E.D.N.Y. Dec. 24, 2016) (dismissing Celli’s employment discrimination complaint); Combier v. Portellos, No. 17-cv-2239 (E.D.N.Y. Sept. 28, 2018) 1 (adopting report and recommendation to dismiss claims and counterclaims in dispute between Celli and advocate for employees in disciplinary hearings). In 2018, Celli sent a series of threatening emails to two of the judges who presided over those cases, as well as the then-Chief Judge of the U.S. Court of Appeals for the Second Circuit. See Compl. ¶¶ 2–3, United States v. Celli, No. 19-cr-127 (E.D.N.Y. Nov. 13, 2018). Celli was charged with and pleaded guilty to transmission of threats to injure another, in violation of 18 U.S.C. § 875(c). See J. at 1, United States v. Celli, No. 19-cr-127 (E.D.N.Y. July 20, 2021). U.S. District Judge Paul A. Engelmayer of the Southern District of New York (“SDNY”)—sitting by designation after the recusal of all EDNY judges—sentenced Celli to time served, plus two years of supervised release. Id. at 2–3; Designation of District Judge, United States v. Celli, No. 19-cr-127 (E.D.N.Y. Oct. 7, 2020), ECF No. 80. Celli has appealed his conviction. See United States v. Celli, No. 21-1760 (2d Cir.). While his appeal remains pending, Celli has also filed at least two civil suits—including this one—in other district courts, seeking to collaterally attack his conviction and preclude certain material from his criminal case from being used in any DOE disciplinary hearing. On December 7, 2021, he filed a complaint in SDNY against the DOE, then-New York City Mayor Bill de Blasio, and Senator Schumer, among others. See Compl., Celli v. N.Y. Dep’t of Educ., No. 21-cv-10455. In that complaint, Celli raised several objections to the proceedings in both his civil and criminal cases in EDNY. See, e.g., id. at 3 (accusing judge who presided over his initial …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals