Case: 13-2118 [Type text]

Document: 11

Page: 1 05/31/2013 953067 U.S. Department of Justice United States Attorney Southern District of New York
86 Chambers Street New York, New York 10007

May 31, 2013

BY ECF Hon. Catherine OHagan Wolfe Clerk of Court United States Court of Appeals for the Second Circuit Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: Ciaprazi v. Annucci Dkt. No. 13-2118

Dear Ms. Wolfe: On May 31, 2013, this Office received a docketing notice for the above-named civil appeal, in which I am named as counsel for three federal parties. Pro se plaintiff-appellant, Roberto Ciaprazi, appeals from an April 23, 2013, Order of the United States District Court for the Southern District of New York (Preska, J.), which dismissed the complaint sua sponte. The district court dismissed the complaint before the defendants-appellees had been served or appeared in the action. Accordingly, at this time, the federal parties do not intend to participate in the appeal unless requested to do so by the Court. Nevertheless, for the limited purpose of complying with this Courts Local Rule 12.3, I am presently filing a Notice of Appearance on behalf of Barack H. Obama, Eric H. Holder, and Paula A. Wolff. This letter and Notice of Appearance should not be deemed a waiver of any defense, including lack of service. To the extent the appeal purports to assert Bivens claims against President Obama, Attorney General Holder, or Ms. Wolff, I note that they do not appear to have been served, and thus have not had occasion to request representation from the Department of Justice. I accordingly do not have authority to represent them in their individual capacities, and file this limited appearance only to the extent they are sued in their official capacities.

Case: 13-2118

Document: 11

Page: 2

05/31/2013

953067

2 Page 2

Please do not hesitate to contact me if you have any questions concerning this matter.

Respectfully, PREET BHARARA United States Attorney By: /s/ / BENJAMIN H. TORRANCE Chief Appellate Attorney Civil Division Telephone: (212) 637-2703 Facsimile: (212) 637-2702

cc:

Roberto Ciaprazi Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 (By First Class Mail)