Filed: Feb. 28, 2019
Latest Update: Feb. 28, 2019
Summary: ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 53), to which objections have been filed (Doc. 55). After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case. Plaintiff's objections are without merit. The Magistrate Judge conducted a thorough review of Plaintiff's filing history with this Court and other federal courts. In this Court's view, Plaintiff
Summary: ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 53), to which objections have been filed (Doc. 55). After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case. Plaintiff's objections are without merit. The Magistrate Judge conducted a thorough review of Plaintiff's filing history with this Court and other federal courts. In this Court's view, Plaintiff ..
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ORDER
WILLIAM T. MOORE, JR., District Judge.
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 53), to which objections have been filed (Doc. 55). After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case. Plaintiff's objections are without merit. The Magistrate Judge conducted a thorough review of Plaintiff's filing history with this Court and other federal courts. In this Court's view, Plaintiff is plainly a vexatious litigant.
Accordingly, the conditions detailed in Oliver v. County of Chatham, et al., CV417-101 are hereby imposed in this case. Those conditions are:
(1) In addition to paying the Court's filing fee, Oliver must post a $1,000 contempt bond with the Clerk of Court. This bond will be held by the Clerk of Court and, if Plaintiff has conducted the affairs in his case appropriately, the bond will be returned to him at its conclusion;
(2) Plaintiff must file into this case, and attach to any Complaint he files, a signed affidavit swearing that he has read Federal Rule of Civil Procedure 11 and will abide by its provisions; and
(3) Plaintiff must also attach to his complaint both a photocopy of the Report and Recommendation, recommending dismissal of CV417-101, and the Order dismissing the case.
All deadlines in this case are hereby STAYED pending Plaintiff's compliance with these conditions. Plaintiff is also DIRECTED that he must file an amended complaint restating any claim he wishes to pursue. Plaintiff's amended complaint is due by March 8, 2019.1 Plaintiff is on notice that failure to comply with the conditions in this order and file an amended complaint by March 8, 2019 will result in dismissal of this action.
Because Plaintiff is directed to file an amended complaint, Defendants' Motion to Dismiss (Doc. 6), Motion to Dismiss (Doc. 9), Motion for Extension of Time (Doc. 41), Motion to Dismiss (Doc. 42), and Motion for Leave to File Response (Doc. 45) are DISMISSED AS MOOT. Likewise, Plaintiff's Motion to Voluntary Dismissal of Certain Defendants (Doc. 27), Motion to Strike (Doc. 44), and Motion for Writ of Mandamus (Doc. 51) are DISMISSED AS MOOT.
SO ORDERED.
